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Managing the Modern Workplace
V&E International Labor & Employment Resources

  • 19
  • July
  • 2018

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Is Your Employee Faking His FMLA Leave?

Your employee claims that he has debilitating migraines. After he provided medical certification of his condition from his physician, you approved his request for intermittent FMLA leave to miss work whenever the condition occurs. You notice, however, that his migraines occur primarily before or after scheduled holidays or on Mondays and Fridays. You suspect that the employee may be abusing his FMLA leave. What, if anything, can you do?

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  • 10
  • May
  • 2018

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Frequent 15-Minute Breaks Under FMLA Are Non-Compensable

While a small number of states require employers to give non-exempt employees breaks, there is no such requirement under federal law. However, if an employer decides to allow employees to take short rest breaks, they must compensate them during the time. (Employers do not have to compensate employees for longer meal breaks so long as the employees are completely relieved from duty).

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Contributors

Thomas H. Wilson

Thomas H. Wilson Partner

Christopher V. Bacon

Christopher V. Bacon Counsel

Sean Becker

Sean Becker Partner

Stephen M. Jacobson

Stephen M. Jacobson Partner

Martin C. Luff

Martin Luff Counsel

Lawrence S. Elbaum Partner