The landscape of employee leaves continues to grow in scope, complexity, and unpredictability. The Family and Medical Leave Act (FMLA), Americans with Disabilities Act (ADA), and other federal statutes have been joined by state, counties, and city leave laws. At the same time, more large employers look at paid leave as an important recruitment and […]
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.
A finite leave of absence can be a reasonable accommodation required by the Americans with Disabilities Act (ADA), but the statute and implementing regulations don’t specify at what point leave becomes “indefinite,” and therefore, unreasonable.
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 employees who do not have job restoration rights once they return from leave. In this article, we’ll focus on managing U.S. Department of Labor (DOL) investigations surrounding FMLA […]
The U.S. Court of Appeals for the 6th Circuit—which covers Kentucky, Michigan, Ohio, and Tennessee—recently overturned a jury verdict in favor of an employee who claimed she was retaliated against for exercising her right to take leave under the Family and Medical Leave Act (FMLA). The court found that the employer had flawed but still […]
Recently, a California employee sued her employer, claiming, among other things, that it discriminated against her because of her disability and failed to engage in the interactive process with her. The trial court dismissed her claims, and she appealed. This case exemplifies how an employer’s patience in providing reasonable accommodations pays off.
First comes love, second comes marriage, then comes … delayed family plans? Eighty-three percent of women over the age of 25 who plan to have children are postponing starting a family to focus on their career, compared to 79% of men, found a recent CareerBuilder survey. Wanting to earn and save enough money to provide […]
The Family and Medical Leave Act (FMLA) generally requires employees to make the case that they need time off for an FMLA-qualifying reason. On the other hand, the statute also requires employers to request more information from workers requesting leave, if their eligibility is unclear.
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 discussed situations in which employees have job restoration rights upon returning from leave. In this article, we’ll look employees who do not have job restoration rights once they return from […]
Even though the federal trial court in Aberdeen rejected a terminated employee’s claims of wrongful termination and interference under the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA), it accepted her self-diagnosis of a disability. This case is worth another look.
Does an employee’s intermittent FMLA leave trump a healthcare facility’s snow emergency policy? If yes, can we ask for verification of that absence since we require confirmation from everyone else for absence during snow emergencies.