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Foley & Lardner Labor and Employment Law Weekly Update (Week of September 19, 2011)

Hispanics United of Buffalo - The NLRB Goes Online! by John Douglas A little known feature of the federal law governing labor relations in the private sector - the National Labor Relations Act (NLRA) - is the right of even non-unionized employees to engage in so-called "protected concerted"...

Must Employers Pay Salaried Workers for Time Not Worked Under the FLSA?

by Keisha N. Jackson Riddle me (you) this: A salaried employee has worked for your company for just two weeks. He gets sick and misses one full day of work. He has accrued a small number of hours in his leave bank but not enough to cover the whole day. Are you obligated to pay the employee for the...

When an Extended Leave of Absence is NOT a Reasonable Accommodation

Conventional wisdom says that when a sick or injured employee asks for time off, you should grant it within reason . For one, the EEOC says that hard-capped leave of absence policies violate the ADA . For another, if an employee, returning from an FMLA leave, asks for a few more weeks of leave, what’s...

Is An “Unlimited” Leave Policy Good Business For You?

by Annemarie Cleary A growing number of businesses are considering “unlimited” leave policies for their exempt employees. Unlimited leave policies are excellent recruiting and retention tools that can foster a culture of trust and productivity at the right business. But, the anticipated...

New Bill in Congress Will Revamp FMLA to Cover Smaller Employers

How about cutting the 50-employee requirement for covered employers in half? So, if you have 25 or more employees working within 75 miles of one another, they would be eligible to take leave under the Family and Medical Leave Act. And that's just part of the Family and Medical Leave Enhancement...

Family and Medical Leave, Doctor's Notes, and Employee Preferences

It has been a long time since we talked about the Family and Medical Leave Act, but a couple of interesting and noteworthy decisions came out this week from Way Out West. Our first case, from a federal district court in Oregon, answered the following question: Can an employer require a doctor's...

The Ninth Circuit Said What About Designating FMLA Leave?

Ok, I will admit it. I have read the FMLA regulations from front to back…several times. An even bigger admission – I actually enjoy reading the regulations. While managing FMLA leave is not exactly a walk in the park, the regulations are actually quite refreshing. They make sense. They...

Ditch Those Inflexible Leave Policies, Would You Already? #FMLA #ADA #EEOC

Yesterday, with my good buddies Casey Sipe and Jessica Miller-Merrell from Blogging4Jobs.com , I presented a webinar on the interplay between the Family and Medical Leave Act, state workers’ compensation laws, and the Americans with Disabilities Act. The key word in the last sentence being “...

Employment Policies Are More Than Words on Paper; They Are a Lifestyle

Yahoo CEO Marissa Mayer is in the news. In one breath, she announced that she is expecting twins, but will not be availing herself of her company’s generous maternity leave policy. Yahoo offers all new parents eight weeks of paid time off, and new moms an additional eight weeks. Mayer says that...