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Articles Posted in FMLA

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FMLA Leave, Interference Claims, and When the Law Does (and Doesn’t) Require Employers to Give Workers Notice of Their FMLA Rights and Responsibilities

The Family and Medical Leave Act provides several rights and imposes several responsibilities on employees and employers alike. It is important to be keenly cognizant of these rights and responsibilities, as failure to do so can be extremely costly. If you have questions about your FMLA rights and/or responsibilities, don’t…

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The Importance of Following Your Employer’s ‘Usual and Customary’ Procedures for Requesting FMLA Leave

The law imposes on employers numerous requirements when it comes to the Family and Medical Leave Act. Employers would be wise to ensure they have established clear procedures for allowing workers to seek leave, and then carefully document those requests. Workers, similarly, should take care to follow their employers’ established…

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Counting the Days: Proper Calculation of FMLA Leave When a Holiday Falls Within that Period of Absence

The Family and Medical Leave Act — enacted 30 years ago — represents an important benefit to workers. The law allows you to tend to essential personal and family matters without fear that your employer will fire you while you’re gone. Whether you’re a worker who has encountered this type…

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Properly Pleading a Case of FMLA Interference or Retaliation in Georgia

When your employer illegally interferes with your rights under the Family and Medical Leave Act (FMLA) or retaliates against you for invoking those rights, you may be entitled to seek a civil judgment and recover compensation based on those violations. Winning an FMLA interference claim or FMLA retaliation claim requires…

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The Right (and Wrong) Way to Navigate an Employee’s FMLA Request in Georgia

The Family and Medical Leave Act (FMLA) grants important rights to many workers across the country. The statute also erects some specific obligations on both workers and employers. A worker’s failure to meet their obligations can result in a loss of eligibility for leave, while an employer’s failure to follow…

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When Your Social Media Direct Messages May Potentially Constitute Sufficient Notice to Satisfy the Requirements of the Family and Medical Leave Act

In today’s world of smart devices, 5G wireless, and other technological advances, employers and employees are communicating in more ways than ever. Gone are the days when all employer-employee communications take place via face-to-face, writing, or telephone line. This modern reality also may have an impact on your Family and…

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How Your Georgia Employer’s Excessive FMLA Documentation Demands Could Give Rise to a Claim of Interference

Employers may engage in a variety of improper actions when it comes to your requesting, using, or returning from leave to which you are entitled under the Family and Medical Leave Act. This misconduct can range from erecting onerous and unnecessary documentation requirements to counting your FMLA leave against for…

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Federal Law Prohibits Employers from Retaliating Against You for Pursuing Your Rights Under the FMLA and the FLSA

When it comes to things like minimum wage, overtime, and Family and Medical Leave Act (FMLA) leave, there are multiple different ways that your employer can violate the law. First, there’s the violation itself, in which your employer denies you what the statute demands. Additionally, though, many cases involve retaliation,…

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How ‘No-Fault’ Attendance Policies May Run Afoul of the FMLA or the ADA

Employers today continue to innovate in many areas related to the operation of their workplaces. When they do so, modifications in the way workplaces function may impact many areas. Sometimes, they may even violate certain employment laws, like the Americans with Disabilities Act and/or the Family Medical Leave Act. If…

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