Practical HR Tips, News & Advice. Updated Daily.
by Barbara J. Koenig, Foster, Rieder & Jackson, P.C. As you know, the Uniformed Services Employment and Reemployment Rights Act (USERRA) is a federal statute that protects the employment rights and benefits of uniformed servicemembers who have returned from military deployment. USERRA not only requires employers to rehire returning employees who were absent from their […]
by Jason R. Mau, JD, Greener Burke Shoemaker Oberrecht, P.A. Recently, the Idaho Supreme Court released an opinion in which it upheld a district court’s dismissal of an employee’s claim that his employer interfered with his request for Family and Medical Leave Act (FMLA) benefits.
As covered in the last installment, You have flexibility in choosing a calendar method for your organization to follow in keeping track of employee use of Family and Medical Leave Act (FMLA) leave, other than military caregiver leave. This article will cover how to calculate leave entitlement.
In our last installment, we covered how far in advance an employee must provide notice to his or her employer of the need for Family and Medical Leave Act (FMLA). In this article we’ll cover calendar and holiday issues regarding leave.
By Gregory J. Wartman A Pennsylvania federal court has ruled that an employer doesn’t have to withhold federal payroll taxes from a settlement payment resolving a discrimination claim under the Family and Medical Leave Act (FMLA). The court reasoned that because the FMLA settlement proceeds weren’t wages, they weren’t subject to federal withholdings.
In our last installment of this article series, we covered the employee’s obligation to notify his or her employer of the need for Family and Medical Leave Act (FMLA) leave, but the question remains: how much time does the employee have to notify his or her employer of the need for leave?
By Kate McGovern Tornone, Editor When an employee needs a medical leave of absence, your first thought may be “FMLA.” But there’s more to the story: often, the Americans with Disabilities Act (ADA) is implicated right along with the Family and Medical Leave Act (FMLA). And employers need to know exactly what each law requires.
My question regards a probationary employee called to active duty. We have an employee who is serving a 9-month probationary period who was called to active duty for 2 years. By law, do we have to make them a permanent employee? Or do extend the probation and upon her/his return have the employee complete their […]
By Amy McLaughlin, JD, Dinse, Knapp & McAndrew As an employment lawyer, the first question I ask clients who are dealing with a challenging personnel matter is what type of documentation exists. Why? Because in the world of employment litigation, documentation is king!
In previous installments of this article series, we’ve covered employers’ Family and Medical Leave Act (FMLA) notice obligations to employees, but what are employees’ obligations to their employers if they are taking leave?