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Leave of Absence (FMLA)

 Legal Analysis

Leaves of absence can be granted for a variety of reasons, such as personal or family illness, pregnancy, or military service. Several federal laws must be taken into account when an employer is designing a leave policy or processing a leave request. These include the Family and Medical Leave Act of 1993 (FMLA), Title VII of the Civil Rights Act of 1964, the Military Selective Service Act, the Consolidated Omnibus Budget Reconciliation Act (COBRA), the Employee Retirement Income Security Act (ERISA), the Fair Labor Standards Act (FLSA), the Health Insurance Portability and Accountability Act (HIPAA), the Americans with Disabilities Act (ADA), and workers' compensation laws. Many states also have their own family leave, disability, workers' compensation, and other laws that can affect the availability of leave and/or its terms. In addition, if employees are unionized, leaves may be regulated by a collective bargaining agreement.
 See complete Legal Analysis on Leave of Absence (FMLA)
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 Feature Articles
8 Meaningful Changes in Proposed FMLA Regs  
The Department of Labor's (DOL) revised regulations interpreting the Family and Medical Leave Act are almost--but not quite--final. Contained in a lengthy proposal that reflects thousands of comments from employers, attorneys, business groups, and others, the new regs contain several changes that will be helpful to employers.
Paid Sabbaticals Rejuvenate Long-Term Employees 
As Russell Investment Group prepared to launch a sabbatical program more than a decade ago, there was concern that many associates on sabbatical would not return to work, says Liz Zielke, a human resources manager with the firm. However, that did not prove to be the case.

 News
DC Requires Paid Sick Leave 
The District of Columbia has approved legislation that entitles an employee to paid sick leave and paid "safe" leave if the employee or a family member is a victim of domestic violence of sexual abuse.
Survey: HR Pros Support Proposed FMLA Changes 
Human resource professionals support recently proposed regulations covering the Family and Medical Leave Act (FMLA), according to a survey by WorldatWork.

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