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Many human resources managers will admit that they don’t consistently designate FMLA-eligible leave as being taken under the FMLA, thinking that this won’t be a problem because few FMLA-covered employees actually end up taking more than the 12 weeks of leave that they are entitled to under the Family Medical Leave Act (“FMLA”).

August 25, 2020
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Insight

Because the unemployment rate has been at record lows for the last decade, it is not surprising that many managers have only a cursory knowledge about how unemployment benefits work.

March 31, 2020
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It was only five days ago that we discussed how employers might soften the blow for employees whose jobs could not be performed from home. Much has happened since then.

March 30, 2020
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As required under the new law which we recently discussed here, the Secretary of Labor published the Notice (here for federal employees, and here for non-federal employees) that covered employers (i.e., those with fewer than 500 employees and not subject to the small business exemption discussed below) will need to post.

March 27, 2020
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The Families First Coronavirus Response Act, which became law yesterday, will require most employers with fewer than 500 employees to provide paid leave, through December 31, 2020, to workers who have had to take time off because of COVID-19.

March 19, 2020
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You finally sit down with an employee who has performed poorly for months, and you give him or her both a detailed performance improvement plan spelling out your expectations and a time frame by…

December 5, 2019
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Your employee tells you that he would like to use his four weeks of annual vacation so that he can take care of his very ill mother who lives in another state.

April 4, 2019
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What are employers supposed to do when they receive conflicting medical opinions about the status of their employee’s ability to return to work?

January 17, 2019
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Some employer attendance policies use a tally system where employees accrue “points” for absences or tardiness. If an employee hits a certain number of points, disciplinary action is taken.

September 25, 2018
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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…

July 19, 2018
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While a small number of states require employers to give non-exempt employees breaks, there is no such requirement under federal law.

May 10, 2018
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When an employer complains about an employee who is missing too much work and that employee is claiming that his absences are a result of a serious medical condition, there is always a risk that the…

April 12, 2018