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November 2017 Archives

How can employers determine the 12-month period for FMLA?

Louisiana workers who would like to take time off based on the Family and Medical Leave Act can do so if they are covered under the law. An issue that might come up, however, is how the employer will determine the 12-month period under which the employee can have the time off. Employees have the right to use FMLA for job-protected - though unpaid - leave for family or medical reasons. It is essential that employers and employees are aware of the different ways to establish the 12-month period in which the employee will be using FMLA.

What are qualifying exigency categories under FMLA?

Louisiana employers must be cognizant of the Family and Medical Leave Act when it comes to all the various situations in which it arises. One issue that must be understood by employers and employees is qualifying exigency leave under FMLA. With FMLA, workers who are eligible can get 12 workweeks off within a 12-month period. But there must be a "qualifying exigency" based on a loved one being deployed. The loved one must be a close relative or a next-of-kin meaning that it will be a spouse, a son, a daughter or a parent.

Business law and fraudulent misrepresentation

Louisiana businesses must be aware of the various pitfalls that they can face as they run their operations. Trusting others to behave within the law and follow through on agreements as they are laid out is a mistake that can be costly in the short and long-term. One issue that businesses must be cognizant of is fraudulent misrepresentation. When there is an agreement between parties, it should be done with a contract. Both parties are expected to act in good faith. However, if one says something that is false or misleading to get the other to agree to the contract and does harm, there could be the basis for a legal filing due to fraudulent misrepresentation.

Employers can request 2nd and 3rd opinions under FMLA

Louisiana employers whose workers are covered under the Family and Medical Leave Act are required to adhere to the law when giving these employees time off. That, however, does not extend infinitely. If, for example, the employee has a medical issue that requires certification, the employee must provide that. An employee who does not provide that information might have the request for FMLA denied. The employer can request certification if the request is based on the employee's health issue, a health issue for a family member, or if the request is based on military family leave. Certification is not necessary if it is for bonding time with a newborn child.

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