Tag: Family and Medical Leave Act

DOL Expands Family Leave for Same-Sex Parents

by Julie K. Athey The U.S. Department of Labor (DOL) has released a new “administrative interpretation” (AI) that clarifies the circumstances in which an employee may take leave to care for a child for whom they act as a parent but aren’t legally recognized as such. As has been pointed out in numerous press reports […]

Medical Evidence, Lay Testimony Sufficient to Prove FMLA Claim

by Lauren E. Moak The Third U.S. Circuit Court of Appeals recently decided an issue previously unresolved by the court. In doing so, it held that a combination of medical evidence and lay testimony is sufficient to show an employee was “incapacitated” as defined by the Family and Medical Leave Act (FMLA). The decision overturned […]

Alcoholism and ADA, FMLA Liability:What Employers Need to Know

by Brian Burbrink According to the National Institute on Alcohol Abuse and Alcoholism, 17.6 million people — about one in 12 adults — abuse alcohol. Based on the statistics, odds are good that one or more of your employees suffers from alcoholism and may need treatment. The case illustrations below provide insight into avoiding liability […]

Calculating How Much FMLA Leave an Employee Has Available

As we all know, the Family and Medical Leave Act (FMLA) requires covered employers to provide eligible employees with 12 weeks of unpaid leave during a 12-month period. Employers are allowed to define the 12-month period any way they wish — much like they are entitled to define the seven-day period that comprises a workweek […]

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, […]

Making the case to keep human resources

Making the Case for Keeping HR

In today’s world of corporate belt-tightening and budget cutbacks, you might find yourself wondering whether the expense of an HR staff is actually justified by the benefits. After all, HR doesn’t create revenue for the company — it doesn’t operate the machinery that produces the widgets, and it doesn’t drive sales. In fact, the perception […]

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 […]