Tag: Family and Medical Leave Act (FMLA)

Make Sure Your Parental Leave Policy Is Ready for Post-COVID-19 Baby Boom

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 […]

mental health

11th Circuit Offers Guidance on Mental Disabilities and Workplace Safety

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 […]

Court Deems Broken Toe and Voicemails Were Sufficient for FMLA Claim

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 […]

ADA

MN Employer’s Attendance Policy Outweighs Former Employee’s ADA, FMLA Claims

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 […]

Lululemon Expands Full Paid Parental Leave

Having children is a momentous occasion for anyone and often means big changes in one’s personal life. But for those of us in the working world, our personal lives are often inexorably intertwined with our work lives.

FMLA

Calling all Florida Employers: You Can’t Delay Designating FMLA Leave

On March 14, 2019, the U.S. Department of Labor (DOL) issued a new opinion letter addressing whether an employer may delay designating paid leave as Family and Medical Leave Act (FMLA) leave. The issue often arises when employees who need time off ask to use their paid leave first and advise the employer that they […]

Discrimination Against Breastfeeding Employee Leads to Jury Verdict

With the passage of the Affordable Care Act (ACA), federal law required employers with more than 50 employees to provide breastfeeding employees a private location, other than a toilet stall, where they can express breast milk in privacy. And, of course, the Pregnancy Discrimination Act (PDA) has prohibited discrimination “on the basis of pregnancy, childbirth, […]

5 reasonable accommodation pitfalls to avoid

by Brent E. Siler Litigation under the Americans with Disabilities Act (ADA) has been on the rise in recent years and will likely continue to increase. One area of ADA compliance fueling the increase is the duty to reasonably accommodate employees’ disabilities. While most employers are aware they have a duty to accommodate the disabilities […]