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.

EEOC to Hold Feb. 15 Meeting on Pregnancy and Caregiver Issues

The U.S. Equal Employment Opportunity Commissionwill hold a public meeting to discuss pregnancy discrimination and caregiver issues  on Wednesday, Feb. 15, at 9:30 a.m. (Eastern Time) at agency headquarters, 131 M Street, N.E., Washington, D.C. In accordance with the Sunshine Act, the meeting is open for public observation of the Commission’s deliberations. At the meeting, […]

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California Same-sex Marriage Ban Unconstitutional, 9th Circuit Says

Employers and plan administrators in California should continue to watch the pendulum regarding same-sex marriage in the Golden State, which has swung again. A three-judge panel of the U.S. 9th Circuit Court of Appeals ruled 2-1 on Feb. 8 in Perry v. Brown, Nos. 10-16696, 11-16577, that Proposition 8, the ballot initiative that amended the […]

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DOL proposes rulemaking to implement statutory amendments to FMLA

Secretary of Labor Hilda L. Solis  announced on Jan. 30 that the U.S. Department of Labor is issuing a notice of proposed rulemaking to implement new statutory amendments to the Family and Medical Leave Act that would expand military family leave provisions and incorporate a special eligibility provision for airline flight crew employees. The FMLA, […]

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Washington Could Be Seventh State to Allow Same-sex Marriage

Legislation is wending its way through both chambers of the Washington State legislature that if enacted would make Washington the seventh state where same-sex marriage is legal. It could happen: a sufficient number of Senators for passage in that chamber have said they would vote for it if it reaches the Senate floor, and Gov. […]

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Administration to Release Long-Awaited Family Leave Proposal Jan. 30

Regulations implementing expansions to the Family and Medical Leave Act will be proposed Monday, the White House announced today. The 2009 legislative amendments added FMLA coverage for caregivers of wounded and ill service members and veterans. It also provided eligible employees the ability to take FMLA leave to tend to “qualifying exigencies” stemming from a […]

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Know What Retaliation Is, So You Can Prevent It

Most employment laws include provisions protecting employees from vindictive managers who would otherwise punish them for exercising their rights. The Family and Medical Leave Act is no exception. Late last year, the Department of Labor’s Wage and Hour Division released Fact Sheet # 77B explaining the FMLA’s anti-retaliatory provisions. Here are some highlights: Prohibitions An […]

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Employee Suffering from IBS Allowed to Proceed with Retaliation Claim

By Mara Cherkasky A former customer service representative who suffers from irritable bowel syndrome and claims she was harassed by her bosses and eventually fired for seeking leave under the Family and Medical Leave Act may move forward with her lawsuit, a federal court has ruled. The U.S. District Court for the Eastern District of […]

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Tricky Rules Surround FMLA Fitness for Duty Certifications

Special from the Advanced Employment Issues Symposium, Las Vegas In yesterday’s Advisor, attorney Stacie Caraway covered FMLA “key employees” and return to work issues. Today, technical aspects of fitness-for-duty certifications, plus an introduction to the guide many call the “FMLA Bible.” A member of Miller & Martin PLLC in Chattanooga, Tennessee, Caraway made her remarks […]

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Supreme Court Upholds Religious School Exemption; Employee Not Protected Under ADA

Religious employers are protected from discrimination claims made by their own ministers, the U.S. Supreme Court ruled unanimously Jan. 11. In its first ruling addressing the ministerial exception that is often read into the U.S. Constitution, the Court determined that “there is such a ministerial exception,” and that it bars ministers from bringing employment discrimination […]

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9 Secrets For Coordinating Leave Under the FMLA and ADA

By Peter Susser, Esq. HR professionals may often see the following scenario: An employee is granted FMLA leave to treat a serious health condition that poses long-term restrictions and limitations; 12 weeks pass; the employee fails to return to work; company terminates employee under a “no-fault” absence policy.  The employer granted the full 12 weeks […]

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