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?
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.
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.
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.
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.
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.
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).
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.