Tag: FMLA

EEO Training Makes Economic Sense for Employers

by Sam R. Fulkerson The Equal Employment Opportunity Commission (EEOC) announced in January that 93,277 workplace discrimination charges were filed nationwide during 2009 — the second-highest level ever — and monetary relief obtained for victims totaled more than $376 million. The 2009 data show that private-sector job bias charges alleging discrimination based on disability, religion, […]

Pointers for Supervisors: 11 Ways to Avoid Workplace Lawsuits

by Rita M. McKinney Supervisors can be an employer’s frontline of protection against costly discrimination claims — if they’re armed with the right information and training. Here are 11 important things every supervisor needs to know. Basic Training for Supervisors – easy-to-read guides to avoid legal hazards, covering more than 17 areas of supervisor training […]

Riding herd on FMLA abuse

by Charles S. Plumb Understanding and applying the rules of the Family and Medical Leave Act (FMLA) causes employers and HR professionals untold frustration — frustration that’s heightened by employees who unfairly take advantage of the Act and its complexities. Here are some practical suggestions for enforcing the FMLA and cutting down on FMLA abuse […]

IT Exec’s FMLA Leave Not a ‘Fire’wall

Employers are often hesitant about taking adverse action against employees who are on Family and Medical Leave Act (FMLA) leave, even when there is good reason to do so. But employees aren’t entitled to any right, benefit, or position of employment that they wouldn’t have been entitled to if they hadn’t taken FMLA leave. A […]

Custodian Cleans Up After Employer’s Improper Consideration of FMLA Leave

Although employment decisions are often based on one specific incident or reason, such as poor work performance, many decisions stem from several causes. If an employee challenges a termination, a demotion, or another adverse action that was taken for two or more reasons, only one of which is illegal, will the employer be liable? The […]

Pending Federal Legislation Would Create New Leave Mandates for Employers

The Supporting Military Families Act of 2009 was introduced in both houses of Congress in late July 2009. A mere three months later — on October 28 — it was signed into law as part of the defense funding bill for 2010. The legislation expands the circumstances in which employees may take both qualifying exigency […]

Inflexible Return-to-Work Policy is Risky Business

by Emily Hobbs-Wright Employers that have a policy of automatically terminating employees who fail to return to work after they’ve exhausted their workers’ compensation leave need to be aware that such a policy puts them at risk of a class-action lawsuit under the Americans with Disabilities Act (ADA). Read on to learn more about the […]

Calculating the FMLA’s 1,250-Hour Mark for Eligibility

by Christine Kenny Calculating whether an employee has worked 1,250 hours in the past year to qualify for leave under the Family and Medical Leave Act (FMLA) seems like a straightforward enough task. But is it really? With flextime arrangements and employees working overtime or putting in for “comp” time, calculating the 1,250-hour requirement can […]

USERRA: Do the Right Thing for the Right Reasons for Employees in the Military

As we celebrate Veterans Days this week and honor the men and women who have served the United States in military service, it’s a good time for employers to recognize their employees who are citizen-soldiers and are beginning to come home — as well as other employees who continue to join reserve units or the […]

Deterring Intermittent FMLA Leave Abuse

by Susan M. Webman and Burton F. Fishman of Fortney & Scott, LLC The new Family and Medical Leave Act (FMLA) regulations, while not a panacea for the long-standing problem of employees using FMLA rights as an excuse to take leave on an intermittent and, at times, seemingly irrational basis, do offer some help in […]