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FMLA

You can offer, but not force, light duty as an option for FMLA leave

12/01/2004
The Family and Medical Leave Act (FMLA) allows certain employees to take up to 12 weeks of unpaid leave each year. But, as the following case shows, you can …

Reinstate employees right after leave; don’t delay

12/01/2004
Issue: Employees’ right to immediate reinstatement when returning from leave covered by the Family and Medical Leave Act (FMLA).
Risk: Any delay in returning employees to their jobs after FMLA …

Return employees to their jobs promptly after FMLA leave

11/01/2004
When employees tell you they’re ready to return from leave taken under the Family and Medical Leave Act (FMLA), restore their jobs as soon as possible. Once employees are capable of …

Tell employees to read each form; don’t summarize

11/01/2004
Issue: The danger of telling employees “Don’t bother reading that; it probably doesn’t apply to you.” Risk: Courts may view your action as a cover-up, sparking …

Tell ‘key employees’ right away if denying job reinstatement

11/01/2004
Issue: FMLA lets you deny post-leave reinstatement, in some situations, to highly paid “key employees.” Benefit: That provision can shelter your organization from …

Start ‘leave meter’ running at first absence

11/01/2004
Issue: When does FMLA leave begin? How soon do you need to notify employees on leave? Benefit: A new court ruling clarifies that those 12 weeks begin with the first …

You can place some conditions on employees’ FMLA leave

10/01/2004
While you can’t base firing decisions on an employee’s decision to take Family and Medical Leave Act (FMLA) leave, that doesn’t mean you’re powerless to act against employees who flaunt your …

Notify ‘key employee’ right away if denying reinstatement to job

10/01/2004
Employees who take leave under the Family and Medical Leave Act (FMLA) are usually guaranteed reinstatement to their jobs. But one key exception exists: You can designate a class of highly …

Employees can’t claim retaliation if they’re not FMLA-eligible

10/01/2004
The Family and Medical Leave Act (FMLA) protects employees against retaliation for taking FMLA leave. But a recent court decision makes clear that employees retain these rights only if they’re actually …

Common small-company confusion: believing FMLA applies to them

10/01/2004
Small employers may be hurting their productivity by offering more generous family-and-medical leave benefits than legally required.
That’s the message of a new National Federation of Independent Business (NFIB) study, …