Practical HR Tips, News & Advice. Updated Daily.
By Barbara J. Koenig, JD What can you do when an employee appears to be having mental issues, is performing poorly, has been warned about her substandard performance, and suddenly takes Family and Medical Leave Act (FMLA) leave?
by Elizabeth J. Boca Recently, the California Court of Appeal for the 5th Appellate District addressed the issue of on-duty meal period waivers as it relates to direct-care staff of residential homes. Read on for more background on the case.
I have an employee who has been taking intermittent leave for pain and injections for a condition for over a year. He is having surgery due to the condition. Is this considered a separate event or a continuation of the prior treatments?
By Susan Schoenfeld, JD How should an employer calculate the hours used for reduced schedule Family and Medical Leave Act (FMLA) leave?
By Susan Schoenfeld, JD In cases where an employee’s absences are not supported by his or her medical certification, an employer should consider recertification. An employer may request recertification of an employee’s serious health condition no more often than every 30 days unless one of the specific exceptions discussed below applies.
Do employees have a right to reinstatement to their previous position upon return from Family and Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA) leave? What are the exceptions to reinstatement under each law?
We have an employee who has been taking intermittent leave over the past 12 months for pain and injections for a medical condition. He is having surgery due to the condition. Is this considered a separate event or a continuation of the prior treatments?
By Jeffrey A. Gruen The U.S. Court of Appeals for the 3rd Circuit— which covers Delaware, New Jersey, and Pennsylvania—recently found that an employer can be liable for interference with an employee’s Family and Medical Leave Act (FMLA) rights when it denies leave on the basis of a vague medical certification without first providing notice […]
By Shelley I. Ericsson, JD The purpose of the FMLA is to allow an employee to manage a serious health condition (his own, a spouse’s, or a family member’s) without fear of losing his job. An employer cannot interfere with an employee’s FMLA rights or take action that appears to be penalizing the employee for […]
By Steven L. Brenneman of Fox, Swibel, Levin & Carroll, LLP Think you have intermittent leave and medical certifications finally figured out? A recent decision from the U.S. 7th Circuit Court of Appeals—which covers Illinois, Indiana and Wisconsin—illustrates that not all employers do.