Even with absences covered by the Family and Medical Leave Act (FMLA), an employer is entitled to put policies in place describing how employees must notify the employer about their health-related absences. As the means of communicating with supervisors have changed and increased over time, whether an employee has given adequate notice of their absence […]
The Family and Medical Leave Act (FMLA) prohibits an employer from interfering with an employee’s right to take medical leave. When pursuing such a claim, an employee need not allege the employer intended to deny the benefit, just that it was withheld. The employer’s motives are irrelevant when determining whether interference occurred. Of course, the […]
An employer’s request for medical recertification to establish eligibility for Family and Medical Leave Act (FMLA) leave didn’t violate the Act, the U.S. 8th Circuit Court of Appeals (which covers Arkansas) recently ruled. Missing 16 consecutive days rather than the expected four to five days set forth in the original medical certification was a significant […]
As employees return to the workplace from remote locations and give up the ability to take a break and walk the dog whenever they want, many are demanding more flexible work schedules. Here are some tips that may help.
This year’s influenza outbreak has sickened millions of people across the country, leaving employers struggling to cover for employees who are out sick and searching for ways to prevent others from coming down with the flu. But dealing with germ control and sick days is only the beginning. Legal issues also can come into play.
Shock Jock Howard Stern took an unexpected day off from his radio show last week which prompted a firestorm of speculation on social media as to the underlying reason for his absence. Although Stern’s absence was initially attributed to a “personal day,” many fans speculated that Stern’s sick father was the real reason he missed […]
An employer’s attendance policy violated the Americans with Disabilities Act (ADA) because it was too rigid, the U.S. Equal Employment Opportunity Commission (EEOC) has alleged in a lawsuit.
By John S. Gannon, JD, Skoler, Abbott & Presser, P.C As employment litigation becomes more and more prevalent, employers are left wondering whether it’s ever safe to fire employees who violate company policy. Courts and administrative agencies have ruled against employers that have fired employees for improprieties such as shouting obscenities in the workplace or […]
Yesterday we learned about recent Department of Labor (DOL) guidelines concerning pregnant employees. Today we’ll hear some of the guidelines provided by the Job Accommodation Network (JAN).
We are requiring some nonexempt hourly employees to attend after hours training. The training is related to their jobs, and is mandatory. Should these employees get paid for their training time?