If an employee goes on leave the FMLA, many employers in Oklahoma, as well as other states, are under the false assumption that they are not allowed to fill that position. That misconception is in no way true. This is a fact that employees also need to know.

The ... continue reading

Because of new regulations by the United States Department of Labor, employees must now follow regular call-in procedures if they need to take an unscheduled FMLA absence from work. Prior to the new rule that went into effect in February of 2008, employees were not required to follow the company’s ... continue reading

When Kansas employers make decisions on leave requests under the federal FMLA, they should remember what the law is intended to do. The Family and Maternity Leave Act was enacted to allow unpaid family leave and to ensure that when the employee returns he or she is entitled to the ... continue reading

Delaware Employers have cited intermittent, sporadic leave by employees as one of the unfavorable aspects of the Family and Medical Leave Act of 1993, or FMLA.

FMLA permits an employee to take up to 12 weeks of unpaid leave per year when they have a “serious medical condition.” Employees ... continue reading

According to the United States Department of Labor, paid leave in Tennessee, in some cases, can be deducted from an employee’s 12 weeks of unpaid leave under FMLA. This depends on what state the employee works in, and the company policy.

The federal Family and Medical Leave Act allows ... continue reading

Workers in North Dakota are curious as to whether or not people on maternity leave can be terminated, or let go.  This actually depends on the circumstances.

It is possible in some situations for a worker on maternity leave to be laid off.  If the company has decided to ... continue reading

There are some situations where paid leave in Arkansas may be deducted from an employee’s 12 weeks of unpaid leave under FMLA. This regulation is handed down by the United States Department of Labor. Whether or not this applies depends upon the state a worker is in, as well as ... continue reading

Employees in Arizona have been wondering if an employee on maternity leave can be terminated or laid off. The answer could be yes or no, depending on the situation.

A majority of states use FMLA, the Family and Medical Leave Act of 1993, as coverage for maternity leave, and ... continue reading

Paid leave in Texas, in some cases, can be deducted from an employee’s 12 weeks of unpaid leave under FMLA. This is according to the United States Department of Labor. Whether this applies to any person’s particular state depends upon that state’s laws and regulations, as well as company policy. ... continue reading

Can someone be fired if they are on maternity leave? Sometimes, the answer to this question is no, and sometimes the answer is yes. It depends on the particular circumstance.

There are eleven states that have set state specific maternity laws. These states may have specific regulations that entitle ... continue reading

There are many states that allow employers to pay tipped workers less money, but workers should not be required to share their tips with a salaried manager.

The federal regulations that are related to this issue can be found under the Fair Labor Standards Act of 1938. Here’s a ... continue reading

Only eleven states have their own significant state specific maternity leave laws. Rhode Island, California, New Jersey, Connecticut, Maine, Minnesota, Hawaii, Vermont, Washington, Wisconsin, and Oregon all have their own maternity leave regulations.

In Pennsylvania, employees might be wondering if someone on maternity leave can lose their job. It ... continue reading

Employers in New York, according to the United States Department of Labor, can, in some cases, deduct paid leave from an employee’s 12 weeks of unpaid leave under FMLA.

According to the regulations for the federal Family and Medical Leave Act, employees are entitled to return to the same ... continue reading

West Virginia workers posed a question about maternity leave. The question was: Can an employee that is out on maternity leave lose their job?

Depending on the circumstances, the answer to this question could be yes or no. In a majority of states, eligible employees are entitled to up ... continue reading

In some situations, paid leave in Oklahoma may be deducted from an employee’s 12 weeks of unpaid leave under FMLA. This is a regulation from the United States Department of Labor.

The federal Family and Medical Leave Act says that each employee who qualifies is entitled to receive up ... continue reading

There are quite a few employees in the state of South Carolina who wonder if a worker on maternity leave can be laid off or fired. The answer depends upon the circumstances.

In most states, employees are entitled to up to 12 weeks of unpaid family leave under FMLA. ... continue reading

Many New Mexico employees sometimes wonder if workers who are on maternity leave can be laid off or fired.  The answer is not a simple one.

The majority of states allow employees to take up to 12 weeks of unpaid family leave under the federal Family and Medical Leave ... continue reading

Montana employees may wonder if a worker on maternity leave can be fired or laid off.  The answer to this is not a clear one.  It depends upon the circumstances.

Employees in most states are entitled to up to 12 weeks of unpaid family leave under the FMLA, or ... continue reading

Some Florida employees wonder if an employee on maternity leave can be fired or laid off.  Trying to answer this question can be complicated, and it greatly depends upon the circumstances.

Some states only allow employees up to 12 weeks of unpaid family leave under the FMLA.  FMLA is ... continue reading

In Iowa, lots of employees wonder if an employee on maternity leave can be fired or laid off.  The answer to this question depends on the circumstances.

The majority of states allow employees to take up to 12 weeks of unpaid family leave under the federal Family and Medical ... continue reading

In a majority of situations, Tennessee workers who have used all of the leave allowed under FMLA and are incapable of returning to work could be fired. 

In Tennessee, and in other states, job protection is not extended beyond the twelve weeks that the Family and Medical Leave Act ... continue reading

Many employees in the state of South Dakota will be eligible to receive coverage under the Family and Medical Leave Act. The FMLA is a federal Act that provides coverage to many employees and employers in states across the country. When an employee needs to take time off of work ... continue reading

The Family and Medical Leave Act is a federal Act that is in place in order to ensure that employees can take up to 12 weeks off of work each year if they have a qualifying medical or family condition for which they will need to take time away from ... continue reading

In Montana, most situations in which employees use all leave under FMLA and are still unable to work allow for the employer to terminate the employee. This is also true in other states, unless there is a law that says otherwise.  A union contract or other type of collective bargaining ... continue reading

Many employees in the state of Florida will be covered by the Family and Medical Leave Act if they need to take time away from work for a qualifying condition. Qualifying conditions may include their own health conditions or the health conditions of a qualifying family member. When an employee ... continue reading

Many employees in Colorado will be covered by the Rehabilitation Act. This Act is a federal Act that applies to employees in states across the country. However, not all employers or employees are covered by the Act.

When an employer and employee are covered by the Act, the employer ... continue reading

In Michigan, as in other states, employees can be fired if they use all of their leave time under the federal Family and Medical Leave Act (FMLA) and still cannot work.

Under FMLA, passed in 1993, eligible workers are entitled to 12 weeks of unpaid leave each year.  During ... continue reading

It is possible, in a majority of situations in Hawaii and other states, for employees who are unable to work to lose their jobs if they have exhausted their leave under the federal FMLA law. 

Termination may not be an immediate option if the employee is working under a ... continue reading

The Rehabilitation Act is a federal Act that applies to many employees in the state of Colorado. However, not all employees will be covered by the Act. In order for an employee to receive coverage under the Act, the employee not only needs to work for a qualifying company, but ... continue reading

The Family and Medical Leave Act is a federal Act that helps to ensure that employees in states across the country, including employees in Washington, DC, can have coverage if they need to take time off of work to care for a sick or injured family member or to care ... continue reading