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Articles Posted in Family and Medical Leave

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My 5 best posts of 2012, as selected by the world’s best readers*

*Do I need a disclaimer? Do I? What a year for The Employer Handbook in 2012! I’m most pleased that, in our second year of existence, readership more than doubled. Although, sadly, the one 2011 reader I had from Papua New Guinea never returned in 2012. I hope she is…

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How Employer Words and Actions Can Make FMLA Apply, Even When It Doesn’t

Today we have a guest blogger at The Employer Handbook. It’s one of my fave employment lawyers from Twitter, Chuck Lawson. Chuck is a member of the Labor and Employment group at Grant Konvalinka & Harrison, P.C., where he specializes in all phases of the employer-employee relationship, including wage and…

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Fact or Fiction: Breaks/lunch taken at work may qualify for FMLA

That’s right folks. It’s time for another edition of “Fact or Fiction” a/k/a “Quick Answers to Quick Questions” a/k/a QATQQ f/k/a “I don’t feel like writing a long blog post.” The Family and Medical Leave Act permits employees to take leave on an intermittent basis or to work a reduced…

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HR testifies that employee firing was FMLA retaliation (you read that right)

Better settle the case, right? Not if you’re Flannery Oaks Guest House. Instead, you move for summary judgment and try to get your former employee’s FMLA retaliation claim dismissed. Was Andy Reid or Norv Turner calling that play? How do you think it worked out for ole Flannery Oaks? (Hint:…

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Employment Law Blog Carnival: Hollywood Casting Call Edition

Welcome everyone to the Employment Law Blog Carnival: Hollywood Casting Call Edition. [Editor’s Note: The original theme for this post was the “Employment Law Blog Carnival: Sex, Drugs, and Rock & Roll Edition.” I had this bright idea to begin by cutting and pasting the lyrics to Guns N’ Roses’ “My…

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Facebook pics of employee boozing at a festival ruin her FMLA claim

About a year-and-a-half into Sara Jaszczyszyn’s employment with Advantage Health Physician Network (“Advantage”), she began taking intermittent FMLA leave for back pain that which she stated left her “completely incapacitated.” About five weeks into her leave, several of her coworkers saw pictures of her on Facebook consuming adult beverages at…

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An HR guide to the workplace implications of Hurricane Sandy

I’m punching out this post on Sunday night, from my home in Philadelphia, before the brunt of Hurricane Sandy strikes. Like many of you, I’m locked, stocked, and ready to go, hoping that the impact is far less than is forecasted and the recovery is easy. Inevitably, however, for you…

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Fact or Fiction: FMLA covers a tummy-tuck procedure

That’s right folks. It’s time for another edition of “Fact or Fiction” a/k/a “Quick Answers to Quick Questions” a/k/a QATQQ f/k/a “I don’t feel like writing a long blog post.” An employee is eligible for leave under the Family and Medical Leave Act if the employee has “a serious health…

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What one employment-law question would you ask Mitt Romney?

We’re just a few months away from the Presidential election. That means that the debates are right around the corner. Yesterday, started a week-long series of hypothetical debate question for the 2012 candidates for President and Vice President. Click here to see the softball that I tossed President Obama. Let’s…