5 Things Not to Do to an Employee on Vacation
School is almost over and that means pretty soon your employees will start taking their vacations. However, American’s are taking less vacation than ever.
Tag: Leave Management
Maryland Governor Vetoes Paid Sick Leave Law; Dems Promise Override
Maryland’s governor has vetoed a bill that mandates paid sick leave for workers in the state starting January 1, 2018—but it’s not necessarily dead.
Promotions, New Supervisors Not ADA Accommodations, Courts Say
While the Americans with Disabilities Act (ADA) requires a wide array of accommodations for workers with disabilities, there are a few things that generally are not required because they fail the law’s “reasonableness” test. Among those are a promotion and a new supervisor.
FMLA Training Scenario: Performance Issues Discovered During Leave
Here we present a leave-related workplace scenario—inspired by an actual court case—that’s intended to help HR professionals better understand an employer’s responsibilities under the Family and Medical Leave Act (FMLA). In this scenario, when an employee went on leave, her coworkers learned that she was not executing important administrative tasks related to her position. Based […]
Ask the Expert: Employee ‘Exhausts’ FMLA, Now Spouse Has Serious Health Condition
Question: If an employee has exhausted 12 weeks of FMLA for himself in the calendar year but now has a legal spouse with a serious health condition, can he take an additional 12 weeks?
FMLA: How to Verify That Employees Are Truly ‘Caring For’ Family Members
Many employers are seeing an increase in employees requesting time off to care for their aging parents. Because that trend is likely to continue, you should be prepared to manage such requests, particularly when the Family and Medical Leave Act (FMLA) applies.
Employer’s Honest Belief in Employee Misconduct Justifies Termination, Even If It’s Wrong
The 3rd Circuit—which covers Delaware, New Jersey, and Pennsylvania—recently ruled that an employer’s honest belief that an employee misused Family and Medical Leave Act (FMLA) leave can defeat an FMLA retaliation claim, even if the employer’s belief is mistaken. The court also ruled that under certain circumstances, an employee’s request for FMLA leave may constitute […]
Can Waste Management Employee Prove Disability Discrimination Claim?
The 6th Circuit Court of Appeals—which covers Kentucky, Michigan, Ohio, and Tennessee—recently heard a claim from a former Waste Management employee. The former employee claims he was discriminated against under the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). How did the 6th Circuit rule? Facts “Justin” was hired by […]
ADA: Court Rules that Deceased Employee’s Estate May Sue for Compensatory Damages
The U.S. 8th Circuit Court of Appeals—which covers Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota—recently reversed an Arkansas district court’s dismissal of a discrimination claim brought under the Americans with Disabilities Act (ADA) by a deceased employee’s estate.
Does Auto Parts Worker Still Have an FMLA Claim After Threatening Supervisor?
The 6th Circuit Court—which covers Kentucky, Michigan, Ohio, and Tennessee—recently heard an employee’s Family and Medical Leave Act (FMLA) “interference” claim. The employee allegedly threatened a supervisor who issued him a disciplinary write-up over an absence he thought was covered by the FMLA. Did the alleged misconduct halt the FMLA process?