Leave of Absence
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Employee not responding to FMLA notices, loses FMLA protection
Good news for employers! A recent Oregon court case demonstrated the importance of following the required FMLA notices to eligible employees and the consequences to an employee that ignored the notices to his detriment. Employees that fail to follow the employer’s usual and customary notice requirements for requesting FMLA leave, will ordinar...
Workplace Preparation for “Smart, Safe and Step by Step” Return to Work
On April 29, 2020, Governor DeSantis issued Executive Order 20-112 called Safe, Smart, Step by Step Plan for Florida’s recovery.  The plan involves individual responsibility (limiting personal interactions and avoiding large groups), senior citizens and individuals with significant underlying medical conditions are still encouraged to stay hom...
Equivalent Job Restoration and Bonuses for Employees taking FMLA
When an employee returns from FMLA leave, he or she must be restored to the same job that the employee held when the leave began or to an “equivalent job.” The employee is not guaranteed the actual job he or she held prior to the leave. An “equivalent job” means a job that is virtually......
What if a Company does not properly designate an FMLA absence?
For many reasons, a company (with at least 50 employees) may forget, or simply neglect to provide an eligible employee with the proper FMLA paperwork before or during their leave of absence.  If this happens, does the employer need to offer the affected employee with a new 12 weeks of FMLA leave, re-sent the original......
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