Tag: compliance

FMLA Request Spills into Litigation for Mississippi Employer

By Jerrald L. Shivers, The Kullman Firm When an employer learns that an employee’s absence might qualify for Family and Medical Leave Act (FMLA) leave, it is required to give him certain notifications. If the employee denies receiving the notifications, the employer must have a way of proving they were given to him.

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Managing Healthcare Providers under FMLA

The Family and Medical Leave Act (FMLA) regulations provide a list of the types of healthcare providers (HCPs) that employers must acknowledge as being qualified to certify the existence of a serious health condition.

Court Sees Through Illinois Costco Manager’s Retaliation Claim

By Kelly Smith-Haley, Fox, Swibel, Levin & Carroll LLP The Family and Medical Leave Act (FMLA) allows eligible employees to take unpaid job-protected leave for certain family and medical reasons. The FMLA also prohibits employers from retaliating against employees who exercise their rights under the Act. But employees have certain obligations to meet before being […]

Ask the Expert: Benefits Continuation during Leave of Absence?

If an employee was approved to take an unpaid month long leave of absence, are we required to extend her health benefits during that month? If we are obligated to provide them, is she responsible for the entire premium for that month? Do we treat this like a continuation of coverage, even though she is […]

Did Misconduct Discovered During FMLA Leave Justify Termination?

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 […]

Ask the Expert: Does USERRA Apply to Voluntary Active Duty?

We have an employee that is a member of the Army National Guard. He is considering applying for an Active Duty position within the Guard. If he applies for this position and he is approved for voluntary active duty while still employed with us, will the USERRA guidelines still apply?

Are Injured Part-Time Workers Entitled to Statutory Reinstatement Protections?

By Dave Johnston, JD, Sulloway & Hollis P.L.L.C. Recently, the New Hampshire Supreme Court invalidated a New Hampshire Department of Labor (NHDOL) regulation that states part-time employees who are injured at work are ineligible for the reinstatement protections afforded by certain statutory provisions of New Hampshire’s workers’ compensation law.