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Providing extra leave after FMLA? You can set the rules

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in Discrimination and Harassment,FMLA Guidelines,Human Resources,Office Management,Payroll Management

If your organization is generous about extending leave beyond the 12 weeks of unpaid time off the FMLA mandates, take heart. You can and should set whatever requirements you deem reasonable for taking that extra leave.

The best part: According to a recent 11th Circuit Court of Appeals decision, you don’t have to abide by the FMLA’s reinstatement rules if employees have already used up their protected FMLA leave.

Set whatever requirements and conditions you want for taking additional time off. You do, however, have to make sure you apply your rules evenhandedly—and don’t single out members of any particular protected class for less favorable treatment. For example, you can’t deny additional leave to pregnant women or new mothers, while routinely allowing additional time off for men with heart conditions or other medical problems.

Recent case: Lisa Thompson, who is black, worked in a hospital child care center. She...(register to read more)

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