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Articles Posted in Family and Medical Leave

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New Jersey poster lamination companies are now cursing under their breath

New Jersey made it easier for employers to comply with displaying official posters from the New Jersey Division on Civil Rights (DCR). As of August 1, 2022, New Jersey employers have more ways to comply with posting requirements relating to the New Jersey Law Against Discrimination (NJLAD) and Family Leave…

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I’ve got free educational resources for new mothers in the workplace (and their employers)

Yesterday, the U.S. Department of Labor announced a series of August events highlighting the importance of maternal health and workplace protections for expectant and new mothers to mark National Breastfeeding Month.  On Aug. 10, from 1 to 2:30 p.m. EDT, the department’s Wage and Hour Division and Women’s Bureau and the U.S.…

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How to fire an employee right after his FMLA expires . . . and win the retaliation lawsuit.

Hey, don’t judge me. You’re just as heartless reading this as I am writing it. The Family and Medical Leave Act gives eligible employees the right to take twelve weeks of job leave because of a serious health condition.” When his leave ends, an employer must reinstate an employee to…

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Does FMLA cover leave for abortion? What about in states where it’s illegal?

The ink was barely dry on the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization when the U.S. Department of Labor released a statement in which the agency confirmed that it would continue “empowering women using every tool” available. The DOL supports reproductive freedom. On Friday, U.S. Secretary of…

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Short of denying leave, an employer can still violate the FMLA just by discouraging someone from taking it

Two posts in one week about interference with Family and Medical Leave Act rights. The FMLA prohibits employers from interfering with, restraining, or denying the exercise of FMLA rights. On Wednesday, we discussed how an employer doesn’t interfere with FMLA when it does not provide FMLA leave to an employee…

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Five ways that employers botch FMLA for mental health conditions (and how to get it right instead)

May is Mental Health Month. The U.S. Department of Labor’s Wage and Hour Division, which enforces the Family and Medical Leave Act, just dropped some additional resources for workers on their rights to take leave for serious mental health conditions and for employers to better understand how to comply with…

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195,000 reasons to remember that state family leave laws don’t always track the FMLA

If you operate a business in a state that has a family and medical leave law, be careful when that state law does not overlap precisely with the Family and Medical Leave Act. For example, in New Jersey, a/k/a the California of the East, an employee can get job-protected leave…