For many HR professionals, Family and Medical Leave Act (FMLA) administration is near—or at—the top of the list of most-hated-things-about-the-job. And given that the law is confusing and burdensome and nitpicky, it’s no wonder.
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.
One of the biggest misconceptions about the Family and Medical Leave Act (FMLA) is that it insulates employees from disciplinary proceedings while they are on FMLA-approved leave. Anyone who assumes that taking FMLA-protected leave provides some type of protection from all disciplinary actions would be wise to remember the age-old adage about assumptions, as one […]
It is a common dilemma for employers: An employee requests a leave of absence for several months, fails to return at the end of the leave, and asks for a lengthy extension. Under what circumstances may the employer deny the extension and terminate the employee’s employment? A recent decision from the U.S. Court of Appeals […]
An employee or applicant who is disabled (or who qualifies as disabled) has the right to the legal protections granted under the Americans with Disabilities Act (ADA). But does that right extend to the right to take leave related to the individual’s disability?
Managing leave under the Family and Medical Leave Act (FMLA) has its challenges. Employers need to ensure that all HR staff and all managers who deal with employee leave requests are well-versed in the finer details of FMLA-related leave. They should understand who is eligible for leave, how much they’re eligible for, how you track […]
In a split decision, the U.S. 6th Circuit Court of Appeals—which covers Kentucky, Michigan, Ohio, and Tennessee—recently held that the cat’s-paw theory of liability applies to retaliation claims under the Family and Medical Leave Act (FMLA).
Part one of this article touched on the various laws surrounding pregnancy accommodations, with a specific focus on the new, upcoming laws in Nevada and Washington. This article will focus on the upcoming law in Vermont, as well as probable new laws for Connecticut and Massachusetts.
This year at least five states (Connecticut, Massachusetts, Nevada, Vermont, and Washington,) have considered new pregnancy accommodation laws, and several of these are now on the books. If you have operations or workers in these states, you may have new notice and accommodation requirements.
In a recent decision, the U.S. District Court for the District of New Jersey ruled that an employee who claimed he was terminated for discriminatory reasons based on his disability was laid off for legitimate nondiscriminatory reasons in a reduction in force (RIF).
The U.S. Court of Appeals for the 3rd Circuit—which covers Delaware, New Jersey, and Pennsylvania—recently upheld an employer’s trial court victory, providing useful guidance for employers seeking to manage difficult employees in the midst of workers’ compensation claims.