March, 2010

District Ct: Employee Suspected of Using Leave for Vacation Not Protected by FMLA

A school district that fired a bus driver after she refused to sign a last-chance agreement to keep her job had reasonable grounds to believe the driver used Family and Medical Leave Act time to take a Florida vacation rather than medical leave, the U.

FMLA Leave Calculations During an Employee's Fluctuating Workweek

Scenario No. 4: How should an employer calculate FMLA leave for an employee working a fluctuating workweek?
Employers should be particularly mindful when calculating leave for employees who work a “fluctuating workweek” (e.

FMLA Leave Calculations Considering Overtime

Scenario No. 3: If an employee does not work overtime due to an FMLA-qualifying reason, should the employer count the overtime against the employee’s FMLA allotment?
As above, the January 2009 FMLA regulations offer a clear rule in this instance, and the answer hinges on whether the overtime is voluntary.

Calculating FMLA Leave During a Plant Shutdown or School Break

Scenario No. 2: How should an employer calculate FMLA leave during a plant shutdown or school break?
According to the regulations, if the employer has temporarily ceased operating and employees are not expected to report to work for one or more workweeks (e.

Calculating FMLA Leave for Holiday Periods

Scenario No. 1: How should an employer calculate FMLA leave if an employee needs to take FMLA leave this year during the week of President’s Day or Memorial Day? Would these holidays count against the employee’s FMLA leave allotment?
President’s Day and Memorial Day fall on a Monday.

Counting FMLA Leave Hours for Holidays, Plant Shutdowns or Fluctuating Workweeks

by Jeff Nowak
Nowak, a partner at Franczek Radelet, P. C. , in Chicago, represents public and private-sector management clients in all areas of labor and employment law. Nowak also serves on the editorial advisory board of the Family and Medical Leave Handbook.

FMLA, ADA, and Workers’ Comp Overlap

FMLA protections may overlap with other statutes and programs, including the Americans With Disabilities Act and workers' compensation laws, as employment law attorney Peter Susser explains.

Additional Resources
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Employers in Five Southern States Will Face Immigration Records Inspection

One hundred and eighty employers in 5 southern states can expect a visit soon from Immigration and Customs Enforcement agents, who will conduct inspections to make sure the companies are complying with the laws governing employment of documented workers.

Bills to Boost Equal Pay Protections Move in Congress

Two bills that would strengthen the Fair Labor Standards Act's existing equal pay protections — which prohibit discrimination based on sex in the payment of wages — are getting new attention in Congress.

IRS Publishes Guidance on HEART Act

The IRS issued guidance regarding the application of the Heroes Earning Assistance and Relief Tax Act of 2008 (HEART Act) to retirement plans, including 401(k) plans. The guidance (Notice 2010-15) comes in 20 questions and answers relating to distributions from retirement plans to individuals called to active military duty, survivor and disability retirement payments and qualified military service, and other topics.