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FMLA

FMLA: State workers can sue for FMLA violations, too.

07/01/2003
In a shift from its recent trend of holding states immune from federal law, the Supreme Court affirmed the right of state employees to file lawsuits relating to the Family …

Cosmetic surgery usually won’t qualify for FMLA leave

07/01/2003

Q. One of our employees is having cosmetic surgery and plans to take leave. Would that fall under the FMLA, or would it be a leave of absence? —K.H., Connecticut

Employee behavior change can count as FMLA ‘notice’

07/01/2003
Issue: You may need to somehow decipher employees’ need for FMLA leave from a “sudden behavior change.”
Risk: Dramatically expands employees’ protection under FMLA.
Action: Warn managers to notify …

Rewrite policy to prevent moonlighting during FMLA leave

07/01/2003
Issue: Unless your policy prevents it, employees can work a second job while out on medical-related FMLA leave.
Risk: Reduced productivity as employees “work” the system.
Action: To prevent …

Clarify how you count FMLA year, and put entire policy in handbook

06/01/2003
When establishing or changing your Family and Medical Leave Act (FMLA) policy, don’t skimp on paper. Spread the policy far and wide. Rule of thumb: If you mention FMLA …

C-section caregiving can qualify for FMLA leave

06/01/2003
Courts typically don’t consider pregnancy alone to be a “serious medical condition” qualifying for job-protected leave under the Family and Medical Leave Act (FMLA). But, …

Do you approve dubious FMLA leave? You’re not alone

05/01/2003
Half of the human resource professionals polled recently say they’ve approved Family and Medical Leave Act (FMLA) requests that they believed were not legitimate. They felt obligated to grant the leave …

Keep medical data private, even if new HIPAA rules don’t apply

04/01/2003
We reminded you last month that companies sponsoring large health care plans must comply by April 14 with the new Health Insurance Portability and Accountability Act (HIPAA). Smaller plans must comply …

You don’t have to offer FMLA leave to let worker travel with sick spouse

04/01/2003
Courts keep pushing the Family and Medical Leave Act (FMLA) boundaries, letting employees take job-protected leave for circumstances other than physically providing care to a sick family member.

Simple pain complaint doesn’t count as FMLA notice.

03/01/2003
A worker who previously fractured his coccyx told his boss he was “in pain from his tailbone” and needed to go to the doctor that day. Although the boss told him …