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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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Employers must inform workers they’re eligible for intermittent leave

The FMLA obligates employers to let workers know how much leave they have available and what happens when they run out. Failing to inform workers about their rights is FMLA interference. A recent case clarifies that not telling a worker on FMLA leave that they can switch from a solid block of leave to intermittent leave constituted interference.

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How do we handle attendance issues when advance notice procedures are not followed?

An employee calls in to report that they will be out sick, but they call in three hours after the start of their shift. The attendance policy states employees must call in at least one hour before the start of their assigned shift. Can they lose attendance points for not providing advance notice?

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When can we test whether an employee on FMLA leave is ready to return?

When can I demand a fitness-for-duty test?

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Which comes first, vacation or FMLA leave?

Is an employee allowed to keep their vacation and then take FMLA, or does the employee need to take their hours of vacation first before FMLA?

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New lawsuit highlights difficulty in balancing pregnancy protections

At least three federal laws provide time off for employees during and following pregnancy—good news for new mothers, bad news for the confusion it causes employers. A recent case highlights how complicated it can become.

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FMLA intermittent leave: Are shift transfers allowed?

Our employee has an intermittent FMLA certification that says they may miss work four times per month, one day per episode. The employee has called out on FMLA for the last 18 weeks, except for one. Can we move the employee to another department, with the same hours and pay, where there are more employees to make it easier to cover the absences?

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How do we track FMLA and PWFA leave simultaneously?

You mentioned that some employers with workers covered under both the FMLA and the PWFA may need to have their leave tracked under both laws. How exactly do we do that? Is the PWFA leave equal to the 12 weeks/480 hours of FMLA leave?

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Back-to-back FMLA leave? Or ADA leave?

If an employee is on FMLA leave and receives reasonable accommodations, then undergoes another separate procedure before that 12 weeks ends, what are the employer’s obligations to hold that position or provide more accommodations?

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Court rules pump breaks non-negotiable: Here’s how employers must comply with federal law

As the PUMP Act approaches its third anniversary, lawsuits are piling up. A recent big win for a new mother highlights what happens if employers don’t accommodate pumping and then punish that worker when she takes unauthorized pumping breaks.

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Do employees have to use PTO for pregnancy-related absences?

The PWFA allows expecting workers to miss work for OB/GYN appointments and such. Does that mean they do not have to use PTO or vacation time for missing work as well?

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