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FMLA 101 – Mississippi Maternity Leave

Tuesday, April 19th, 2011
Posted by Tamara
An employee with a serious health condition, or who needs to care for a family member with a serious health condition is, in most cases, eligible for federal FMLA leave.

FMLA (Family and Medical Leave Act of 1993) provides eligible employees with up to 12 weeks of ... continue reading

Genetic Discrimination in Nebraska

Monday, January 17th, 2011
Posted by Tamara
In 2008, the Genetic Information Nondiscrimination Act (GINA) was passed. On November 9, 2010, the EEOC issued the final regulations for enforcement of GINA.

What does this mean for Texas employers? The new regulations mean that a Texas employer should warn supervisors to limit inquiries about the ... continue reading

FMLA – Maternity Leave

Wednesday, December 15th, 2010
Posted by Tamara
The federal Family and Medical Leave Act of 1993, or FMLA, applies to employers with 50 or more workers within 75 miles. The FMLA requires that an employer give an employee up to 12 weeks of unpaid, job-protected leave in a 12-month period, for one of three reasons:

... continue reading

Delaware Intermittent Family Leave

Thursday, November 11th, 2010
Posted by Tamara
When an employee has a baby, adopts a newborn or fosters a child, federal laws allow that employee to take leave to bond with that child. Usually, this leave is taken continuously, but some Delaware employees have asked if they can take this type of family leave on an ... continue reading

Delaware Paternity Leave

Tuesday, November 9th, 2010
Posted by Tamara
A reader asks, “My husband wants to take time off when our baby is born. We are both employees of Delaware companies. Does Delaware state law allow expectant fathers to take paternity leave?”

The answer is yes and no. Yes, expectant fathers can take leave for paternity ... continue reading

Kansas Paternity Leave

Friday, October 29th, 2010
Posted by Tamara
Employees in Kansas have asked whether Kansas has enacted a paternity leave law.

The answer is no. Kansas does not have a paternity law at the state level. Many expectant fathers, however, may be eligible for FMLA leave.

Under FMLA (Family and Medical Leave Act), ... continue reading

Arkansas Paternity Leave

Thursday, October 7th, 2010
Posted by Tamara
Arkansas does not have a state law governing paternity leave. Many fathers, though, can take federal FMLA (Family and Medical Leave Act) leave.

The FMLA act allows eligible employees to take up to 12 weeks of unpaid, job-protected leave in a 12 month period for a variety ... continue reading

Illinois Disability and Tardiness

Tuesday, August 10th, 2010
Posted by Tamara
A salaried exempt employee in Illinois with bipolar depression, arthritis, insomnia, ADHD and migraines wonders how she can make her boss understand that she has trouble getting started in the mornings. Because of the insomnia, she comes to work 10- 15 minutes late, two or three times per week. ... continue reading

Alabama Pregnancy and Job Performance

Monday, August 9th, 2010
Posted by Tamara
Many employers wonder how to deal with the issue of a pregnant employee who is not doing a good job. Can she be fired? Will this be illegal discrimination? The issue goes beyond a simple yes or no answer.

Pregnancy is not a disability under ADA or ... continue reading

Colorado School Visitation Leave

Thursday, August 5th, 2010
Posted by Tamara
The Colorado School Visitation leave law allows an employee to take time off to attend school events, including disciplinary hearings, school plays, sporting events and school registration. The law applies to parents and guardians, and to every employer in Colorado.


The thought process behind ... continue reading

Intermittent FMLA in Michigan

Thursday, December 10th, 2009
Posted by Tamara
Employers in Michigan and throughout the rest of the U.S. are asking why the Family and Medical Leave Act of 1993 allows workers to take what is called “intermittent, unscheduled” leave.

One of the most hotly-debated features of the FMLA is that there is nothing in the ... continue reading

Federal Intermittent FMLA

Thursday, December 3rd, 2009
Posted by Tamara
New regulations under the federal Family and Medical Leave Act (FMLA) for 2009 require workers to follow their companies’ standard reporting procedures when they take unscheduled, intermittent time off under the act.

The change in the regulations follow the U.S. Labor Department’s release of a 182-page review ... continue reading

Intermittent FMLA in Connecticut

Thursday, November 19th, 2009
Posted by Tamara
Employees in Connecticut and throughout the rest of the U.S. are entitled to take unpaid, job-protected leave for a serious health condition by the hour, if they wish, and need not schedule the time off in advance.

The practice is called “unscheduled, intermittent FMLA leave.” It is ... continue reading

Georgia FMLA and Termination

Monday, August 24th, 2009
Posted by Tamara
In Georgia and elsewhere, if an employee does not return to work after exhausting his or her FMLA leave, the employer has the right to terminate that worker.

FMLA is the federal Family and Medical Leave Act of 1993. It provides eligible employees up to 12 weeks ... continue reading

Federal FMLA and Termination

Tuesday, August 11th, 2009
Posted by Tamara
Prior to 1993, an employee could be terminated for missing a couple of weeks from work, even if the worker had suffered a heart attack, or was caring for a seriously ill child.  

After 1993, that changed. The federal Family and Medical Leave Act was established ... continue reading

Ohio FMLA and Termination

Wednesday, August 5th, 2009
Posted by Tamara
The federal Family and Medical Leave Act of 1993 or FMLA   provides eligible employees up to 12 weeks of unpaid, job-protected leave for serious medical conditions, such as a heart attack or cancer. Other types of health problems are covered under FMLA, including pregnancy disability.   

... continue reading

Alabama Job Security Under FMLA

Thursday, May 14th, 2009
Posted by Tamara
Some confusion exists concerning the worker’s job while he or she is on FMLA leave. Employers and employees often think the law requires the company to “hold a job open” while the worker is absent.

The term “hold a job open” is the cause of the confusion. ... continue reading

Nevada Job Security Under FMLA

Thursday, April 30th, 2009
Posted by Tamara
Nevada employers are sometimes confused by the job protection clause of FMLA (Family and Medical Leave Act). Often, companies understand job protection to mean that they have to “hold a job open” for an employee on FMLA.

This is a common misconception with both employers and employees, ... continue reading

Idaho Job Security Under FMLA

Thursday, April 23rd, 2009
Posted by Tamara
Idaho employers and employees often think that when a worker is on FMLA leave, the company is required to “hold a job open” while the worker is absent.

This assumption is incorrect. The FMLA (Family Medical and Leave Act) applies to what happens when an employee returns ... continue reading

Pennsylvania Job Security Under FMLA

Thursday, April 16th, 2009
Posted by Tamara
Pennsylvania employees have wondered if federal or state law requires their employer to “hold a job open” for an employee on FMLA.

Pennsylvania employers often ask the same questions. The answer is yes, but it does not mean that the company has to leave that position vacant ... continue reading

Nebraska Hostile Work Environment and Disability

Thursday, March 26th, 2009
Posted by Tamara
Recently an employee was awarded $166,500 in a discrimination suit. The worker had a hearing impairment, and was subjected to taunts like “You got your ears on?” and “CAN YOU HEAR ME NOW?”. This created a hostile work environment for the employee and she filed a complaint. Unfortunately, she ... continue reading

Intermittent FMLA in Oregon

Wednesday, January 7th, 2009
Posted by Tamara
Whether an Oregon employee needs to take 12 weeks off at a stretch or takes an hour or two at a time, he or she is entitled to job protection.

The law regulating leave is the Family and Medical Leave Act of 1993, or the FMLA. If ... continue reading

Iowa FMLA and Termination

Monday, January 5th, 2009
Posted by Tamara
With a few exceptions, employees who go beyond their allotted 12-week leave time under the Family and Medical Leave Act of 1993, or FMLA, should not expect to have their jobs waiting for them when they return to work.

It applies in Iowa as well as in ... continue reading

Mississippi FMLA and Termination

Sunday, January 4th, 2009
Posted by Tamara
The Family and Medical Leave Act of 1993, or FMLA, is a relatively generous plan to allow workers facing serious illnesses or other situations to take time off.

Employees should understand, however, that there are limits to the FMLA. The law allows as much as 12 weeks ... continue reading

Nebraska FMLA and Termination

Wednesday, December 31st, 2008
Posted by Tamara
Unless there is a union contract in place, In Nebraska and elsewhere workers who take more than 12 weeks of unpaid FMLA leave in a year are at risk. After the 12 weeks of leave are exhausted, an employer is under no legal obligation to return an employee to ... continue reading

Wisconsin STD and Termination

Friday, December 12th, 2008
Posted by Tamara
Workers in Wisconsin are concerned about the length of short term disability leave and job security while on leave. For example, if a worker has taken 9 weeks of disability leave, can he or she go on disability again? Can that same worker be terminated for taking so much ... continue reading

Paid Time Off and FMLA in Missouri

Tuesday, December 9th, 2008
Posted by Tamara

California employees are allowed to take up to one year of leave for disability. Rhode Island, Hawaii, New Jersey and New York have similar laws, though not so generous. All other states must use FMLA leave for extended time from work.

FMLA (Family and Medical Leave Act) leave is ... continue reading

Light Duty in Florida

Monday, December 1st, 2008
Posted by Tamara
Light duty positions are assigned as available. Florida employers are not bound by Florida law or by federal law to provide a light duty position if a job isn’t available. In fact, neither federal nor Florida laws address light duty at all. Several cases have been tried in the ... continue reading

Intermittent FMLA in Virginia

Sunday, November 23rd, 2008
Posted by Tamara
In 2007, the U. S. Department of Labor stated that unscheduled, intermittent FMLA leave was a major concern for companies in Virginia and across the country.

FMLA (Family and Medical Leave Act of 1993) permits eligible employees to take up to 12 weeks of job-protected, unpaid leave ... continue reading

Vermont Job Security Under FMLA

Tuesday, November 11th, 2008
Posted by Tamara
When employees are out on FMLA leave (Family and Medical Leave Act), do the employers have to “hold their jobs open”?

This question is asked by both employees and employers. Employers mistakenly assume that when a worker is on FMLA, the company must leave that slot vacant, ... continue reading