Tag: FMLA

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 […]

How Changes to the ‘Family Glitch’ Affect Workplace Health Plans

Effective in 2023, a new set of rules will change eligibility requirements for the premium tax credit (PTC) created under the Affordable Care Act (ACA). Implemented by the IRS, these new cafeteria plan rules and regulations will now make it easier for an employee’s family members to enroll in subsidized health insurance through an exchange.

Best of Benefits & Compensation 2022

As a recession looms on the horizon of the new year, many HR experts are wondering how to best utilize benefits and compensation packages. 80% of employees say that it’s essential that their companies meet the needs of workers across all stages of life and the diversity spectrum. And, beyond adapting benefits to meet the […]

Qualified Immunity Defense May Apply to FMLA Claims

Government employees and officials are granted “qualified immunity” in suits where they act in good faith and with a reasonable belief that their actions comply with the law. Most frequently, qualified immunity is discussed in connection with cases alleging the use of excessive force by police officers. However, a recent case before the U.S. 8th […]

Discipline Notes Critical in FMLA Claims

One of the things that happens with the Family and Medical Leave Act (FMLA) is a disconnect between the complex structure of the FMLA and its practical application. Plaintiffs’ attorneys will sometimes assert that they don’t understand how there could be an FMLA issue given that the structure is “so easy to understand.” That’s typically […]

The FMLA and a Winning First Step Toward Addressing Mental Health in the Workplace

On March 6, 2022, HBO premiered the show Winning Time: The Rise of the Lakers Dynasty, chronicling the showtime era of the Lakers dynasty. The show is based on the book Showtime: Magic, Kareem, Riley, and the Los Angeles Lakers Dynasty of the 1980s by Jeff Pearlman. The show focused not only on star athletes […]

This is Us: What’s the FMLA Got to Do With It?

For six seasons, fans of the NBC hit drama This is Us tuned in each week to watch the Pearson Family saga unfold and to have a collective soul cleansing cry. This is Us delicately weaved in and out of multiple time periods to tell the heartwarming story of Jack (Milo Ventimiglia) and Rebecca Pearson (Mandy […]

EEOC Warns of Higher Risk of Caregiver Discrimination in Changing World, Workplace

The COVID-19 pandemic placed a spotlight on the challenge of juggling work and personal obligations, including coordinating the demands of virtual learning, school closures, and other scheduling issues. Even as the pandemic evolves to become endemic, it may still have a lingering effect on the lives of workers who need to juggle hybrid school schedules […]

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 […]