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Articles Posted in Family and Medical Leave

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Five ways that employers botch FMLA for mental health conditions (and how to get it right instead)

May is Mental Health Month. The U.S. Department of Labor’s Wage and Hour Division, which enforces the Family and Medical Leave Act, just dropped some additional resources for workers on their rights to take leave for serious mental health conditions and for employers to better understand how to comply with…

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195,000 reasons to remember that state family leave laws don’t always track the FMLA

If you operate a business in a state that has a family and medical leave law, be careful when that state law does not overlap precisely with the Family and Medical Leave Act. For example, in New Jersey, a/k/a the California of the East, an employee can get job-protected leave…

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Sorry, no, employers cannot unilaterally reduce FMLA leave entitlements below 12 weeks

“Oh, word?” — none of you, hopefully. The Family and Medical Leave Act states that an eligible employee “shall be entitled to a total of twelve workweeks of leave during any twelve-month period” for several qualifying reasons. When I look up the word “shall” in the dictionary, it says, “used…

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The lengths to which some will go to get FMLA leave — like faking pregnancy. . . three times

(Allegedly.) Three lies and no baby. According to a Georgia Office of the Inspector General (OIG), a state employee informed HR that she was pregnant in October 2020. Seven months later, in May 2021, she announced that she had given birth. The employer later received an email from an individual claiming…

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From the archives: 🔎Your post-Super Bowl guide to spotting employee FMLA or other sick leave abuse🔍

I had this great post planned for today about the millions of American workers who skip work the day after the Super Bowl — and what employers can do (legally) to address it. Then, I remembered that I wrote about it back in 2020. So, since I’m feeling lazy pragmatic,…

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What the heck is ‘bleisure’ and how could your company get sued over it?

People ask me if I like to read. Not so much anymore, outside of reading Harry Potter books to my kids and reading graphic novels (ok, fine, comic books) to me. Social media apps like LinkedIn have eroded my attention span. I can barely make it through a few hundred…

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Are you in HR for a multistate employer? You can be sued individually for FMLA violations … in another state!

Image Credit: pxfuel.com I’ll wait while you clean your screen of the coffee you just spewed from your mouth. Here’s a not-so-hypothetical situation: You’re a compensation and benefits manager working out of Connecticut. One of your employees — let’s call her Plaintiff — lives in Delaware but works at a…