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FMLA

New hire requests FMLA? Beware retaliation

08/14/2012
Is it protected activity that can’t be punished if an employee who is not yet eligible asks to take FMLA leave? Put another way, can an employer fire an employee who requests FMLA leave before the employee is actually eligible? A federal court has said, “No!” That’s illegal retaliation.

Planned layoffs can include those who took FMLA leave

08/07/2012
Employees on FMLA leave sometimes think they’re immume from being discharged. That’s not true. As long as FMLA leave isn’t a factor in the decision, you can fire those on leave.

OK to terminate, even after FMLA leave request

08/07/2012
If you were going to terminate an employee before you learned she wanted FMLA leave, you still can. Just be sure you can document when and why the termination decision was made.

Use new employee FMLA guide as chance to review your policies

08/03/2012
Publication of the new DOL guide to employees’ FMLA rights signals an opportunity for employers to take a fresh look at this sometimes confusing law. It’s a golden opportunity to remind employees how their company leave policies mesh with the FMLA.

OK to change minor duties during or after FMLA leave

08/03/2012
Employees who take FMLA leave are entitled to return to the same or an equivalent position after their leave has expired. But that doesn’t mean management can’t alter minor job duties.

Leave policy goes above and beyond FMLA? Make sure court sees your generosity

08/03/2012
If, like many employers, you offer employees more than the required 12 weeks of unpaid FMLA leave in any given year, you may have a powerful response to a disability or FMLA discrimination lawsuit.

New guidebook helps you explain FMLA to employees

08/02/2012
The U.S. Department of Labor last month released the Employee’s Guide to the FMLA, a 16-page booklet describing employee rights and duties under the law.

Clarify internal rules for handling FMLA requests

07/31/2012
Make sure that whoever in your organization handles FMLA and other leave knows to contact HR as soon as a leave request comes in. Then make sure you send out the appropriate FMLA paperwork along with any other required documents.

OK to lay off worker who took FMLA leave as long as that’s not a factor in the decision

07/31/2012
Once an employee has used up FMLA and other leave, requiring employees to show up and get their work done is a reasonable expectation. In the following case, the court reasoned that the employer could consider attendance when deciding personnel cuts, as long as it didn’t use FMLA leave as a factor.

When woman returns from maternity leave, must she return to her exact former job?

07/27/2012
Q. When an employee returns from maternity leave, do we have to give her the very same job she had or can she be put to work in a different type of position?