This article series addresses some of the most confusing real world problems surrounding the Family and Medical Leave Act (FMLA). In the last installment, we focused on FMLA leave regarding spouses who work for the same company. In this article, we’ll focus on substituting paid leave for FMLA leave.
Category: Leave Management, Policy, and Compliance
Managing employee leave is one of HR’s most annoying (and thankless) tasks. First of all, there’s the federal FMLA, which is notoriously difficult to manage, and commonly gamed by employees. Stack on top of that state leave laws that usually conflict with the plus various pregnancy and disability laws. And then there’s the plethora of other types of leave like bereavement, jury duty, and military leave, each of which has its own quirks and challenges. This topic explores this in depth.
An employee will get to take her Family and Medical Leave Act (FMLA) lawsuit to a jury, a federal appeals court has determined, largely because an HR manager informed her in an e-mail that her leave was impeding the company’s work.
Question: An employee has been on military leave for 6 months. We have been paying the difference between her base wage and her military pay. Now she is requesting to have us pay out her vacation. We do not pay out vacation unless an employee terminates employment. We also don’t payout vacation for employees on […]
Men and women are equally likely to take time off under Etsy’s new parental leave program, the company has determined after adopting a gender-blind policy last year.
Employers may require workers to adhere to company call-out policies and discipline them if they violate those policies, even if the absences are protected by the Family and Medical Leave Act (FMLA).
Question: Several exempt employees would like to donate an accrued vacation hour to a nonexempt employee to show appreciation for his military service. Is it possible to transfer this time? And, if so, how should it be taxed for the donator and/or recipient? Also, do I need a policy for this–or no, because it is […]
Can an employee’s frequent tardiness be used to establish that she has a disability because she is limited in the major life activity of working? Does an employee have to request leave under the California Family Rights Act (CFRA) before she has the right to take job-protected leave under the CFRA? A California Court of Appeal answered those questions in a recent case brought by a radio host.
As we head into the heart of the winter storm season, it is inevitable that employers could face some severe snowstorms and blizzards in February. Hence, this is an excellent time to brush up on the wage and hour laws, which dictate whether you are required to pay salary or hourly wages to employees who are unable to get to work during a blizzard or severe snowstorm. Here is a timely refresher article on these issues.
This article series addresses some of the most confusing real world problems surrounding the Family and Medical Leave Act (FMLA). In the last installment, we focused on managing leave duration and the limits that can and cannot be placed on intermittent and reduced schedule leave. Here we’ll focus on managing intermittent and reduced schedule leave […]
The Kentucky Court of Appeals recently upheld the denial of unemployment benefits to an employee who had exhausted his leave entitlement under the Family and Medical Leave Act (FMLA) and was unable to return to work. The court upheld the Kentucky Unemployment Insurance Commission’s (KUIC) determination that those circumstances constitute “quitting” employment without “good cause.”