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Our editors boast more than 60 years of experience in employment law and HR related topics. Find advice to those tricky issues such as when to terminate, as well as stay up to date with the latest regulations as they occur.

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Make it easy to request FMLA leave—or else

Do you make it as easy as possible for workers to request Family and Medical Leave Act leave? If not, you may want to revamp your process, if a recent federal court decision is any indication.

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How much postpartum PWFA leave?

For our employees asking for four months off after the delivery of their baby, are all four months protected under the PWFA or only the six to eight weeks of postpartum recovery?

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Virginia passes paid family leave for all workers

Employers operating in Virginia will soon have to provide paid leave for workers through a state-managed family and medical leave program just passed by Virginia’s legislature and signed into law by Governor Abigail Spanberger.

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Niche state-leave proposals to watch

It’s no secret that state and local legislatures are busy filling in the blanks left by Congress when it comes to offering employees time off from work. States, for example, have stepped in to offer paid time off for common worker needs like family illness, bereavement and expanding families. Those state laws largely fill in the hole that the Family and Medical Leave Act’s unpaid leave provisions created.

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Statute of limitations for FMLA claims

How long after I’ve turned down an FMLA request or terminated someone after they return from FMLA leave do I have to worry about a retaliation lawsuit? I know employees have to file an EEOC complaint pretty quickly if they want to sue for discrimination under Title VII, but what’s the FMLA rule?

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Layoff during FMLA leave

We are planning a layoff due to economic reasons. We have an employee on FMLA leave. He’s on the layoff list. How do we make sure we’re not interfering with his FMLA rights?

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FMLA leave for overseas care

An employee just told me that their parent who lives in another country has a serious health condition, so they want to take FMLA leave to travel there and care for the parent. Can the employee apply for FMLA leave before heading overseas, or must he travel overseas using other leave and apply from there?

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No call-off at end of FMLA means no extension

If employees want more leave and aren’t going to return as scheduled, it’s their obligation to request more leave. They can’t not show for that first post-leave shift and demand after the fact to take more FMLA leave.

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How much FMLA leave for two conditions?

I have an employee who has two serious health conditions that qualify them for intermittent leave, and he has two separate certifications. Does each condition qualify him for a full 12 weeks or 480 hours of FMLA leave during the year?

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Is the DOL’s PAID program a riskier bet for California employers?

We are located in California and are potentially interested in participating in the Department of Labor’s PAID program to fix some innocent errors. Does our location impact our decision?

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