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Our editors boast more than 60 years of experience in employment law and HR related topics. Find advice to those tricky issues such as when to terminate, as well as stay up to date with the latest regulations as they occur.

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How to turn leave into a smooth, compliant process by utilizing tech

HR teams are stuck juggling outdated systems, limited staffing and rising employee expectations, while employees are often left unclear on their options, timelines or pay. The fastest path to relief? Use technology to streamline leave from start to finish without losing the human touch.

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Consider your options: PAID or opinion letter?

By now, you likely have heard about the Trump administration’s renewal and expansion of the Payroll Audit Independent Determination program. Employers should know that there is another DOL-sanctioned option that’s especially useful if they’re not quite sure that what they have done is a violation.

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FMLA call-in rules: Can we set a 7-day window?

Is it acceptable to state: “Employees have seven calendar days to report a covered absence. Absences not reported within seven calendar days can still be counted towards FMLA/ADA/PWFA; however, the employee will be held accountable for failure to report in a timely manner”?

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Mental health and FMLA: Understanding the rules

Can we talk about requesting FMLA for mental health needs and if there are any specific requirements for approval for this type of leave request?

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100%-healed policy = $950,000 settlement

Do you have a policy requiring injured workers to be 100% healed before they can return to work? Then get ready to write a big check, either for court-ordered damages or—if your lawyer is smart—to settle a lawsuit before it reaches the courtroom.

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FMLA intermittent leave: Yes, you can reinforce the rules

Are there recommended strategies or scripts for re-educating employees with open FMLA intermittent leave cases on their responsibilities, especially around call-in procedures and usage restrictions?

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FMLA: What is ‘timely and complete’ certification?

If an employee’s FMLA certification form is incomplete or vague, you don’t have to accept it; you can deny FMLA leave.

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Is this pregnancy absence FMLA, PWFA or both?

We are an employer covered by the FMLA. We have an employee who is pregnant and understand we need to accommodate her pregnancy-related conditions that lead to tardiness or absences. Do we track these separately? Or do we track this as FMLA leave, too?

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Yes, you can fire workers who take FMLA leave

Certainly, terminating a worker after he was just approved for FMLA leave might seem suspicious and prompt a lawsuit. But if you can show a judge the employee’s poor disciplinary or performance history, courts will likely toss out the case.

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Must we grant FMLA leave for elective cosmetic surgery?

We have an employee requesting FMLA leave for elective cosmetic surgery. She has the appropriate physician certification paperwork because there will be a surgery and recovery period. Is elective cosmetic surgery covered under a serious medical condition? Do we have to grant FMLA leave, or should the employee take vacation time for this?

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