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.

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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Key Employee: If I Take FMLA, I’m Fired???

Special from the Advanced Employment Issues Symposium, Las Vegas If you are a designated key employee, you may not be able to return to work after FMLA leave, but your leave can’t be denied, says attorney Stacie Caraway, who covered key FMLA topics atBLR’s Advanced Employment Issues Symposium, held recently in Las Vegas. While you […]

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A Busy Year for the California Legislature; And Now Employers Must Come Up to Speed

California lawmakers stayed busy throughout the year, passing a number of new wage, hour, leave and anti-discrimination laws.  Here, in no particular order, are some of the biggies that go into effect Jan. 1: Pregnancy Disability Leave All employers with five or more employees will be required, starting Jan. 1, to continue to maintain and […]

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The Bonus FMLA Cover Letter & Abuse Curtailer

Keep the FMLA documentation flowing, says attorney Stacie Caraway—You want to be able to show multiple times that you advised the employee of his or her obligations. If you use a cover letter with your DOL designation notice, Caraway suggests it include the following: Leave status update/reminder. If planned intermittent FMLA leave is being approved […]

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FMLA— HR’s Own Personal Migraine

FMLA—HR’s own personal migraine. (Migraine people, says attorney Stacie Caraway, may have terrible headaches, but never so bad that they don’t know exactly how many days and hours of FMLA they have left.) Successful management of FMLA is very much about careful attention to forms and schedules. In today’s Advisor, Caraway offers tips for getting […]

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Feds Consider Requiring Contractors to Meet 7% Hiring Goal for Workers With Disabilities

Federal contractors will have to meet a 7 percent hiring goal for individuals with disabilities under a U.S. Department of Labor proposal announced December 8.  DOL’s Office of Federal Contract Compliance Programs published a Notice of Proposed Rulemaking (41 C.F.R. 77056) which included, among other things, a mandate that employers aim to have individuals with […]

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