What happens when an employee doesn’t return from Family and Medical Leave Act (FMLA) leave and later requests unemployment benefits? The Arkansas Court of Appeals recently addressed the issue.
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 […]
Employee handbooks should be reviewed at least once a year. The arrival of spring 2022 marks a good time to revisit the manuals with counsel and update your policies and practices. Read on to learn about a handful of handbook best practices as well as possible pitfalls you can avoid.
The town of Kingston didn’t violate the Family and Medical Leave Act (FMLA) or state disability discrimination laws when it decided not to reappoint an employee on FMLA leave to her position after her predetermined term expired, the U.S. 1st Circuit Court of Appeals (which covers Massachusetts employers) recently ruled, upholding a lower court’s opinion. […]
Early during the COVID-19 pandemic, there was speculation about a baby boom in the coming months because couples were spending virtually all their time at home together, perhaps with too much “downtime.” An immediate boom ended up not occurring, according to a recent study by University of Michigan researchers. But, the slight pause in pregnancy and childbirths […]
Major depressive disorder affects many Americans. In 2017, about seven percent of U.S. adults endured at least one major depressive episode, according to the National Institute of Mental Health. When the depressive episodes occur at work, they can create tough HR challenges. On May 27, 2021, the U.S. 11th Circuit Court of Appeals (which covers […]
A new bill introduced in Congress that aims to boost research into pregnancy loss also proposes a minimum of three days’ paid leave for workers who experience miscarriage.
Does a broken toe amount to a serious health condition under the Family and Medical Leave Act (FMLA)? It depends on the circumstances. But an Ohio federal district court recently held an employee’s FMLA interference claim can go to trial in a case where there was a dispute of whether his broken toe constituted a […]
Regular attendance at the worksite can be an essential job function, the U.S. 8th Circuit Court of Appeals (whose rulings apply to all Minnesota employers) recently reminded employers, upholding the termination of an employee who had violated the employer’s attendance policy. As a result, the former employee can no longer pursue her Americans with Disabilities […]
A recent U.S. Department of Labor (DOL) Opinion Letter, found certain types of parent-teacher conferences can be considered qualified leave under the Family and Medical Leave Act (FMLA). As a result, some of you may have to provide employees with leave to attend the meetings.