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FMLA

Be cautious with FMLA firings; ADA, FMLA can overlap

10/01/2002
When Diantha Smith was diagnosed with breast cancer, she took medical leave covered by the Family and Medical Leave Act (FMLA). While she was on leave, her employer became concerned that …

Supreme Court outlook: All quiet on employment-law front

10/01/2002
In its 2001-02 term, which ended in June, the U.S. Supreme Court handed down a whirlwind of employment-law decisions. But as the high court plans to open its 2002-03 term …

Labor Department offers Spanish-language FMLA poster

10/01/2002
Covered employers are required to post a “Your Rights Under the FMLA” poster and are expected to communicate the basics about the Family and Medical Leave Act (FMLA) to employees who …

Military service counts toward FMLA eligibility

09/01/2002
Ordinarily, workers are eligible for unpaid leave under the Family and Medical Leave Act (FMLA) after working for at least 12 months at a company and clocking at least 1,250 hours …

High court: Weingarten rights stand; state family leave case on docket

08/01/2002
It’s official: Employees have the right, even in nonunion workplaces, to bring a co-worker as a witness to an investigative meeting that could result in discipline. Nonunion employees won …

Employees can use vacation time toward one-year FMLA eligibility

07/01/2002
Robert Ruder began working in management at a Maine hospital on Jan. 5, 2000. Exactly one year later, he left work for unspecified medical reasons. His employer denied his request for …

You’re free to adjust benefit plan without fear of FMLA suit

07/01/2002
When it merged with another bank, Wells Fargo replaced its traditional employee sick- and vacation-leave policy with a paid-time-off (PTO) program and a short-term disability plan. A PTO policy combines annual …

Give employees fair shot to verify leave

06/01/2002
Alex Jiminez frequently missed work due to flare-ups of Crohn’s disease. His employer’s absentee policy required progressive warnings and eventual management review after 80 hours of absences. The company reminded …

Warn supervisors: They can be held personally liable in FMLA cases

06/01/2002
Could your supervisors and managers be held personally liable when they wrongly interpret the Family and Medical Leave Act (FMLA)? In many courts, the answer is yes. Recent case: Susan …

‘Emotional caregivers’ win FMLA coverage

05/01/2002
Truck driver Joseph Scamihorn Jr. saw his 73-year-old father fall into a deep depression soon after his daughter, Joseph’s sister, was murdered. After notifying his employer, Scamihorn left his job for …