Tag: FMLA leave

American Idol Back to Work 3 Days After Giving Birth? Can’t Demand or Deny It

American Idol alum Jordin Sparks walked the red carpet just three days after giving birth to her son and has done a slew of interviews discussing this new chapter of her life.  While Sparks is certainly a trooper for bouncing back so quickly after a major medical event and putting herself back into the celebrity […]

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basketball

Doctor, Doctor

I played basketball in high school and dreamed of playing in college.  I knew it was a long shot, and it never came to pass.  “Maybe I’ll walk on some day,” I thought as I went off to college.  Yeah, right.  I gave up that dream when I enrolled at Wake Forest in the early- […]

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FMLA

1st Circuit Court: FMLA is Not a Tool Employees Can Use to Delay Termination

Most employers know they cannot retaliate against someone for requesting or using Family and Medical Leave Act (FMLA) leave. One way to defeat an FMLA retaliation claim is to provide evidence that the adverse employment decision was made, but not yet relayed to the employee, before she requested FMLA leave.

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FMLA Leave: Tom Brady Plays Through the Pain–Why Can’t You?

It’s no-pain, no-gain for Tom Brady, but pressuring employees to work while injured may violate the Family and Medical Leave Act (FMLA). Love him or hate him, you have to give it to Tom Brady–the man is dedicated to his sport. Last week, he was called upon once again to play through the pain and […]

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FMLA

Disputed Absences Prevent FMLA Victory for Kentucky Employer

A federal court in Kentucky recently ruled that a Kentucky employer must go to trial in a Family and Medical Leave Act (FMLA) case in part because there were disputes over whether an employee was absent and whether he had been given FMLA paperwork at the time of the absences.

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Alcohol abuser creates dilemma for employer

by Caren W. Stanley Q We have an employee in a high-risk, safety-sensitive position who recently admitted to extreme alcohol abuse. We are now concerned that he, his colleagues, and our company are at risk because we can’t depend on his work. We’d like to discharge him, but we’re unsure of the legal risks.  A […]

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Rhode Island’s temporary caregiver leave law takes effect January 1

by Timothy C. Cavazza As of January 1, 2014, Rhode Island’s temporary disability insurance program will be expanded to cover employees taking temporary caregiver leave. Leave will be available to employees “to care for a seriously ill child, spouse, domestic partner, parent, parent-in-law, grandparent, or to bond with a new child.” An employee who is […]

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WHD clarifies definition of ‘son or daughter’ under FMLA

Earlier this year, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) issued Administrator’s Interpretation (AI) No. 2013-1, which can be found at  www.dol.gov/whd/opinion/adminintrprtn/fmla/2013/fmlaai2013_1.htm. The AI clarifies that the age of onset of a disability is irrelevant when determining whether an employee is entitled to take leave to care for an adult son […]

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