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The past few years have heightened feelings of stress and isolation for many people, and with the seemingly continuous news cycle of incidents of mass violence, mental health has taken a much-needed place in the forefront of the national conversation. Recently, the U.S. Department of Labor (DOL) reminded employers that mental health affects both employees […]
We’ve all heard about the Family and Medical Leave Act (FMLA) when it comes to expectant mothers or for recovery from serious physical health conditions, such as heart attacks or surgeries. The application of FMLA protection for mental health conditions is more nuanced, however. Mental health conditions are increasing worldwide. According to the World Health […]
Once an employee requests an accommodation, their employer has a duty to engage in an “interactive process” to try to determine whether they can accommodate the disability. With that in mind, employers should take note of this recent decision from the U.S. 6th Circuit Court of Appeals (which covers Tennessee, Ohio, Kentucky, and Michigan). The […]
An “airball,” or a basketball shot that misses the backboard, rim, and net entirely, sums up an appeals court’s recent opinion about the Family and Medical Leave Act (FMLA) retaliation and interference claims filed by a college coach. The ruling contains multiple lessons for all Texas employers covered by the Act.
What happens when an employee doesn’t return from Family and Medical Leave Act (FMLA) leave and later requests unemployment benefits? The Arkansas Court of Appeals recently addressed the issue.
While most employees take Family and Medical Leave Act (FMLA) leave for legitimate qualifying reasons and use it appropriately, we all know about occasions when they abuse the Act. Read on to learn more about how to combat FMLA fraud.
The Family and Medical Leave Act (FMLA) prohibits an employer from interfering with an employee’s right to take medical leave. When pursuing such a claim, an employee need not allege the employer intended to deny the benefit, just that it was withheld. The employer’s motives are irrelevant when determining whether interference occurred. Of course, the […]
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 […]
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 who is looking to rehire a former employee and would like to understand if the same waiting period rule applies as with a new employee. Q: What […]
The town of Kingston didn’t violate the Family and Medical Leave Act (FMLA) or state disability discrimination laws when it decided not to reappoint an employee on FMLA leave to her position after her predetermined term expired, the U.S. 1st Circuit Court of Appeals (which covers Massachusetts employers) recently ruled, upholding a lower court’s opinion. […]