Tag: Family and Medical Leave Act (FMLA)

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 […]

Top 10 employer mistakes in accommodating disabled employees

by Matthew A. Goodin Even experienced HR professionals have a difficult time with requests for reasonable accommodation from disabled employees. This process is even trickier if the employee needs a leave of absence as an accommodation because of the intersection of different laws that govern leaves of absence. Below are some of the most common […]

HR Issues that Arise when Natural Disasters Hit

Natural disasters raise a host of issues for employers, regardless of whether these employers have a direct presence in the affected areas or whether they have employees residing in or telecommuting from them. Sometimes employers are forced to close or are able to remain open in some capacity, but employees are not able to travel […]