07/29/2010
The U.S. Department of Labor has issued a broad interpretation of the definition of a “son or daughter,” clarifying that any employee who assumes the role of caring for a child will receive parental rights under the FMLA, regardless of the biological relationship. The new rule applies regardless of sexual orientation or conventional family ties.
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07/27/2010
Q. Our receptionist has a history of being late for work and taking unexcused absences. She’s out on FMLA leave to care for her sick father. Her temporary replacement is doing an outstanding job and always shows up on time. Can we keep the new receptionist and tell the other one not to return?
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07/27/2010
Employers that fire employees right after they return from FMLA leave run a risk that the timing alone will be seen as proof of retaliation. Unless you are absolutely sure you can convince a judge or jury that the termination is justified, it makes sense to wait a month or so.
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07/27/2010
The Pennsylvania Human Rights Act is the commonwealth’s companion to federal employment laws such as the ADA and Title VII. The PHRA goes beyond most federal laws because it authorizes personal liability for those who “aid and abet” an act of discrimination. And as one recent case shows, aiding and abetting can include making a serious mistake about a reasonable accommodation request.
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07/23/2010
Most employment laws don’t make individual employees liable for workplace violations they commit in the course of their employment. But that’s not the case with every violation. According to the 4th Circuit Court of Appeals, it’s unclear whether the FMLA allows such personal and individual liability—a conundrum that may soon be tested.
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07/23/2010
Believe it or not, some employees are under the impression they can use FMLA leave during the summer months to care for their minor children instead of sending them to summer camp or day care. That’s not true unless the child has a serious health condition that prevents participation in camp or day care. Otherwise, parents are expected to make conventional child care arrangements during the summer.
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07/20/2010
As FMLA administration grows more complex, more employers are using software to track it. Most of the time that works fine. But as one employer recently found out, FMLA apps don't always tell the whole story. Lesson learned: There's no substitute for doing a hands-on review of employee records.
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07/15/2010
Employers aren’t required to go out of their way to encourage employees to have a doctor certify a serious health condition that qualifies for FMLA leave.
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07/13/2010
Some employees have heard through the legal grapevine that if the going gets tough at work, they can just get going. They believe they can up and quit—and then turn around and sue, claiming that they had no choice but to leave because they were suffering retaliation for taking some protected action. This is an example of “constructive discharge.” But conditions have to be pretty onerous before the tactic works.
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07/08/2010
If an employer has to move people and equipment around to cover an employee's work during FMLA leave, it may be difficult to reintegrate the returning employee right away. That’s OK. Minor delays aren’t enough to support an interference-with-FMLA-rights lawsuit.
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07/08/2010
Don’t jump the gun when it comes to firing an employee for breaking a rule. For example, if you have an attendance policy that requires termination after a certain number of absences, be sure the employee actually missed all those days.
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07/08/2010
If you have a standard policy that requires employees returning from sick leave to show that they’re fit for work, you can also require employees who use FMLA leave to provide the same.
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07/07/2010
Employees whose disabilities require reasonable accommodations in the form of breaks or a modified schedule don’t get to save their FMLA leave for later use. You are free to subtract the time off from any FMLA hours available.
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07/02/2010
Q. We are a small manufacturing company with 16 employees. We distribute our products through another company, which we also own. The distribution company has 38 employees. One of our manufacturing employees is pregnant and has asked for time off. She says she is entitled to leave under the FMLA. Is this true?
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06/29/2010
New U.S. Department of Labor rules say employees who care for a domestic partner’s child—or whose partner gives birth or adopts a child—are now eligible to take FMLA leave to care for those children. Also covered: Extended-family members who care for kids. Learn the details of this major FMLA expansion.
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