Tag: FMLA

Managing Employee Health Insurance Premiums under Revised FMLA Regulations

When an employee takes unpaid Family and Medical Leave Act (FMLA) leave, how do you legally manage his share of premiums for group health care coverage under the new FMLA regulations? What are the potential liabilities, and how can you avoid them? What are an employer’s rights? The answers to those questions are provided below. […]

Employees Have a Duty to Reveal Serious Health Conditions under FMLA

by Chris LaRose In a decision issued August 25, the Eighth U.S. Circuit Court of Appeals ruled that the trial court properly threw out an employee’s Family and Medical Leave Act (FMLA) case. The lawsuit stemmed from the employee’s demotion after four unexcused absences. The employee argued that his absences should have been considered FMLA […]

DOL to Abolish Employment Standards Administration

Like most federal agencies, the U.S. Department of Labor (DOL) is a large bureaucracy, housing many levels of subagencies and layers of employees with a host of titles that are unintelligible to outsiders. The DOL has recently decided to do a little streamlining by abolishing the umbrella agency that oversees four of its major units. […]

Can an Employer Deny FMLA Leave After Mistakenly Telling Employee He Is Eligible?

by Daniel B. Gilmore If an employee is admittedly ineligible for leave under the Family and Medical Leave Act (FMLA) but his employer mistakenly informs him that he is eligible before he takes leave, should the employer be prevented from denying his request? The Sixth U.S. Circuit Court of Appeals recently addressed that question and […]

What to Do When Contagious Illnesses Come to Work

by Susan Fahey Desmond You’ve probably had enough of hearing about the swine flu (now called the H1N1 virus). It’s front-page news across the world. We are now in a full pandemic as defined by the World Health Organization, but the first thing to understand is not to panic. Your company may already have been […]

FMLA Leave: Military Caregiver Leave

by Susan M. Webman and Burton F. Fishman Fortney & Scott, LLC Last week, we looked at the similarities and differences between traditional Family and Medical Leave Act (FMLA) leave and the new qualifying exigency military FMLA leave. This week we look at military caregiver leave. The rules for employer coverage (employing 50 employees within […]

Employer May Be Liable for Actions Taken Against Alcoholic Employee

by Dara Wanzer Complicated legal and moral issues may occur when an employee who has taken medical leave under the Family and Medical Leave Act (FMLA) for alcohol-related health issues returns to employment. The Tenth U.S. Circuit Court of Appeals recently considered some of those issues and found that under certain circumstances, alcoholism can be […]

Military FMLA Leave: Qualifying Exigency Leave

by Susan M. Webman and Burton F. Fishman Fortney & Scott, LLC Employees already eligible for leave under the Family and Medical Leave Act (FMLA) with family in the military are entitled to two new forms of FMLA leave benefits — qualifying exigency (QE) leave and military caregiver leave (MCL). The rules for employer coverage […]

Employers Should Prepare in Case Swine Flu Returns this Fall

A swine flu pandemic was a no-show this past spring, but there’s no guarantee it won’t come roaring back when the regular flu season gets under way this fall. Swine flu (also called the H1N1 virus) should be taken seriously because this particular strain hasn’t been seen before, so people haven’t built up natural immunity. […]

Teaching Supervisors to Listen Is Key

Training your workforce from top to bottom is important so that everyone has a clear understanding of your company’s commitment to providing a fair and productive environment for all employees. And while it’s true that we can explain the various employment laws and reiterate that they require compliance from all of your employees (and that […]