Tag: FMLA

Ask the Expert: Are Absences Related to Fertility Treatment Covered by the FMLA?

Question: We have an employee who is undergoing fertility treatments out of town and misses days sporadically. Do these absences fall under the Family and Medical Leave Act (FMLA)? Answer: Great question; complicated answer. The answer is complicated because a question about FMLA leave is always the start of a longer conversation about whether other […]

Ask the Expert: What Should Employers Do When Doubting an Employee’s FMLA Eligibility?

Question: What can employers do when they doubt an employee’s certification for leave under the Family and Medical Leave Act (FMLA)? Answer: If an employer doubts the validity of an employee’s FMLA certification, it may require the employee to get a second opinion from a healthcare provider. Generally, for employees to be granted leave under […]

DOL Weighs-In (Again) With Final Rule on Independent Contractors

The U.S. Department of Labor (“DOL”) published a final rule (the “Final Rule”) in January of this year, which took effect March 11, 2024, and changed how the DOL analyzes whether a worker is properly classified as an employee or independent contractor under the Fair Labor Standards Act (“FLSA”). Employers that misclassify individuals as independent […]

Ask the Expert: FMLA Eligibility Requires Treatment Within 7 Days of Incapacity

Question: One of our employees has been in and out with cold and flu symptoms, but he was recently diagnosed with strep throat. The leave originally wasn’t classified as Family and Medical Leave Act (FMLA) leave, but because the official diagnosis occurred almost a month after the first missed workday, does the time he took off […]

Paternity Leave Offers Parental Equality

In the evolving landscape of workplace dynamics, the concept of paternity leave has emerged as a significant point of discussion. While women have historically faced challenges related to maternity leave, the spotlight is now also on the rights and expectations surrounding fathers. As companies strive for inclusivity and equity, understanding the nuances of paternity leave […]

Case Study: Alcoholic Employee Must Meet Employer’s Performance Standards

A recent federal court decision notes that disabled employees or employees with substance abuse problems must comply with an employer’s policies and meet reasonable performance standards. Stephen Drizos, a long-term employee and financial advisor for PNC Investments, suffered from alcoholism. Some years after he began his employment, his alcoholism started to impact his attendance at […]

2 Essential Steps Before Talking to Your Boss About Your Mental Health

You’re tired and stressed and would rather not be at work. Depending on what you’re dealing with, be it family-related issues at home or your own personal mental health needs, if it’s interfering with your day-to-day ability to successfully complete your responsibilities at work, you have several decisions to make. First and foremost is how […]

Paid Family Leave Carries a Strong ROI

Life happens. Not the Instagram #bestlife, in which everything looks in place—your work, your family, and your mental state—but real life, a life comprising a mix of joy and distress, unscheduled and on time, and in and out of control. When I was starting out, there was a work, work, work attitude and a stigma […]

What Tiger Woods’s Foot Can Teach Employers About Managing Employees’ Medical Conditions

Golfing icon Tiger Woods had to withdraw from the Masters tournament in Augusta, Georgia, last week due to a painful foot condition called plantar fasciitis, which causes a stabbing pain in the heel or foot. Video footage shows Woods limping during his third round of play after reaggravating the condition while competing in the tournament. […]

Case Study: Appeals Court Gives Tough Break to Employers on ‘Essential’ Duties

Within the last year, interesting trends have emerged from federal courts on a variety of important ADA issues. Striking somewhat of a balance, courts have tended to be more favorable to employers in deciding which functions of a job are truly “essential.” Conversely, many courts have sided with the employee regarding the sufficiency of the […]