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Leave Management

Ask the Expert: Should Weeks of FMLA Be Used to Calculate Vacation Benefits?

Our company’s policy is that employees need to average 35 hours per week in the previous year to qualify for vacation time. Do weeks taken as unpaid FMLA count as “0 hour” weeks in the calculation of average hours worked, or should they be excluded when we determine vacation benefits?

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Coworker ‘Discourtesies’ Are Not FMLA Retaliation, Says Court

By Kate McGovern Tornone, Editor

While courts have held that various employer actions may constitute retaliation under federal employment laws, coworker “discourtesies” do not rise to that level under the Family and Medical Leave Act (FMLA), a federal judge ruled recently.

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FMLA: Does Your State Make The ‘Grade’?

A new state-by-state analysis shows that few states have expanded upon the Family and Medical Leave Act’s (FMLA’s) unpaid leave protections or adopted other policies to help expecting and new parents who are employed. The analysis, “Expecting Better: A State-by-State Analysis of Laws That Help Expecting and New Parents,” is the most comprehensive analysis to date of state laws and regulations governing paid leave and other workplace rights for expecting and new parents in the United States.

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Managing Medical Certifications Under FMLA: What if Employee Isn’t Coming Back?

If an employee unequivocally states she’s not returning to work, your duties under FMLA of job restoration and to maintain health benefits end, subject to your healthcare continuation duties under the Consolidated Omnibus Budget Reconciliation Act (COBRA).

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California Gets an ‘A’ in FMLA Protections

A recent state-by-state analysis shows that not many states have expanded on the Family and Medical Leave Act’s (FMLA) unpaid leave protections or adopted other policies to help expecting and new parents who are employed. However, California received all ‘A’s for the state’s paid leave policy efforts.

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Did Employer Fail to Accommodate Injured Employee?

By Kelly Smith-Haley, Fox Swibel Levin & Carrol LLP

A recent case is a useful reminder that employers may in some circumstances require an employee seeking an accommodation or seeking to return to work following a leave to provide supporting medical evidence. But understanding all of the nuances of when employers can and can’t ask for medical documentation isn’t always straightforward.

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FMLA: Can You Block an Employee On Work Restrictions from Returning to Work?

By Tom Harper, The Law and Mediation Offices of G. Thomas Harper, LLC

A federal district court in Miami has denied an employer’s request that it dismiss a lawsuit brought by an employee it refused to reinstate because she wasn’t “100% cured” and fully released to return to work with no restrictions after her medical leave. In reaching its decision, the court discussed the two types of medical certifications allowed under the Family and Medical Leave Act (FMLA) regulations and the requirements for each type.

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Managing Medical Certifications under FMLA: Recertification

This article series will cover managing medical certifications under the Family and Medical Leave Act (FMLA). In the last installment we covered the authentication, clarification, and second opinions surrounding medical certification, here we’ll go over recertification. The FMLA regulations offer procedures for recertification.

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ERISA, FLSA, FMLA Penalties Increased by DOL Rule

By David Slaughter, JD, Senior Legal Editor

Maximum penalties for violating many employment and benefits laws were increased, some of them substantially, by the U.S. Department of Labor (DOL) in a departmentwide rule published July 1 (81 Fed. Reg. 43429).

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Managing Medical Certifications: Authentication, Clarification, And Second Opinions

This article series covers managing medical certifications under the Family and Medical Leave Act (FMLA). In the previous article, we covered the how to request a medical certification, here we’ll go over authentication, clarification, and second opinions surrounding medical certification. The FMLA regulations offer procedures for authenticating and clarifying medical certifications.

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