Tag: FMLA

Ask the Expert: Does FMLA Cover Care for Adult Children?

In our latest installment of Ask the Expert, brought to you by the team of industry experts at HR Hero®, we look at a recent question from a subscriber regarding the limitations and eligibility of the federal Family and Medical Leave Act (FMLA) coverage when providing care to adult children. Q: An employee’s adult son is having […]

Ask the Expert: Voluntary Benefits During Unpaid Leave

In our latest installment of Ask the Expert, brought to you by the team of industry experts at HR Hero®, we look at a recent question from a subscriber regarding the recommended management and payment of voluntary benefits for employees while they are out on unpaid leave. Q: How should employers handle voluntary benefits when employees are […]

Recertification Request Doesn’t Interfere with FMLA Rights

An employer’s request for medical recertification to establish eligibility for Family and Medical Leave Act (FMLA) leave didn’t violate the Act, the U.S. 8th Circuit Court of Appeals (which covers Arkansas) recently ruled. Missing 16 consecutive days rather than the expected four to five days set forth in the original medical certification was a significant […]

Ask the Expert: FMLA and Caring for Family Members

In our latest installment of Ask the Expert, brought to you by the team of industry experts at HR Hero®, we look at a recent question from a subscriber regarding FMLA regulations and the coverage provided to employees who are caring for family members. See what the experts had to say. Q: An employee’s parent is […]

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 […]

arbitration

Employee ‘Unaware’ of Signed Arbitration Agreement Compelled to Arbitrate

When launching an arbitration agreement, you must understand the pros and cons of requiring your employees to sign one as well as which workers should be covered and the hurdles of enforcement. Depending on the potential value of the claim to be arbitrated, the filing fee could result in a five-figure charge just to initiate […]