The final California Family Rights Act (CFRA) regulations, which took effect on July 1, bring California rules into closer alignment with FMLA regulations. While the changes mean fewer differences between state and federal regulations, some significant differences remain.
We have an employee that was in a minor car accident last month and has used up all of her paid time off (PTO). She is working on the paperwork for short-term disability (STD) as she has filled her elimination period. She will not show the employer the application. Is she obligated to if the coverage is non-contributory?
Do we have to keep her employed? Is this an FMLA issue?
I have a question regarding FMLA’s successor employer rules. If we are a successor employer under FMLA and need to provide the same benefits that the employee had with the previous employer, how do we handle the waiting period for benefits under our plan? Can we have a 30-60 period with no benefits if the employee is on FMLA but changes employers from a covered employer to a successor employer?
In yesterday’s Advisor, Business Consultant Bridget Miller provided some tips on how employers can improve attendance among their workers; today, we provide more from Miller on how to prevent employee abuse of attendance policies and keep absenteeism down.
By Lisa Berg, Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A.
The U.S. 11th Circuit Court of Appeals—which covers Alabama, Florida, and Georgia—recently had to decide whether Dollar General violated the Family and Medical Leave Act (FMLA) or the Americans with Disabilities Act (ADA) when it terminated an employee based on its discovery during her medical leave that she had engaged in misconduct.
Recently the United States Court of Appeals for the Tenth Circuit issued a ruling in which the court suggested that a policy with a strict limit on medical leaves of absence might be enforceable. This ruling leads to many questions. For instance:
Sounds like the beginning of a bad joke, right? A decision by a federal district court in Minnesota provided a punch line and it turns out it’s not so funny. According to the court in Fries v. TRI Marketing Corp., an employee can claim Family and Medical Leave Act (FMLA) protection when two health conditions result in health-related absences of less than 3 days each.
By Shane A. Zahrt, JD, Felhaber Larson
An employee claimed she was terminated by her employer for taking time off under the Family and Medical Leave Act (FMLA) to cope with a back injury. Her employer blamed the termination on her unapproved use of vacation days. Read on to see how a federal judge used the calendar to resolve this battle of conflicting justifications.