Tag: Leave Management

Know What Retaliation Is, So You Can Prevent It

Most employment laws include provisions protecting employees from vindictive managers who would otherwise punish them for exercising their rights. The Family and Medical Leave Act is no exception. Late last year, the Department of Labor’s Wage and Hour Division released Fact Sheet # 77B explaining the FMLA’s anti-retaliatory provisions. Here are some highlights: Prohibitions An […]

Employee Suffering from IBS Allowed to Proceed with Retaliation Claim

By Mara Cherkasky A former customer service representative who suffers from irritable bowel syndrome and claims she was harassed by her bosses and eventually fired for seeking leave under the Family and Medical Leave Act may move forward with her lawsuit, a federal court has ruled. The U.S. District Court for the Eastern District of […]

Tricky Rules Surround FMLA Fitness for Duty Certifications

Special from the Advanced Employment Issues Symposium, Las Vegas In yesterday’s Advisor, attorney Stacie Caraway covered FMLA “key employees” and return to work issues. Today, technical aspects of fitness-for-duty certifications, plus an introduction to the guide many call the “FMLA Bible.” A member of Miller & Martin PLLC in Chattanooga, Tennessee, Caraway made her remarks […]

Top 10 Things To Know About Coordinating Workers’ Comp Leave

The interaction among various leave laws can make your obligation to accommodate injuries and illnesses incredibly complicated—especially when the injury results from a workplace accident. Read on for 10 tips from Jim Brown of Sedgwick, LLP, that will help you get everything properly sorted out.

Supreme Court Upholds Religious School Exemption; Employee Not Protected Under ADA

Religious employers are protected from discrimination claims made by their own ministers, the U.S. Supreme Court ruled unanimously Jan. 11. In its first ruling addressing the ministerial exception that is often read into the U.S. Constitution, the Court determined that “there is such a ministerial exception,” and that it bars ministers from bringing employment discrimination […]

9 Secrets For Coordinating Leave Under the FMLA and ADA

By Peter Susser, Esq. HR professionals may often see the following scenario: An employee is granted FMLA leave to treat a serious health condition that poses long-term restrictions and limitations; 12 weeks pass; the employee fails to return to work; company terminates employee under a “no-fault” absence policy.  The employer granted the full 12 weeks […]

Pressure To Resign Following Postpartum Depression? Bad Idea

A spa director sued for pregnancy discrimination after she allegedly was pressured to resign following her leave for postpartum depression. The employer asked the court to compel arbitration in accordance with an arbitration provision in the employment application. Was the arbitration agreement enforceable?

FMLA/CFRA Versus Other Leaves: Key Differences

In a CER webinar titled “FMLA, ADA, and California Workers’ Comp Overlap: Overcoming New Compliance Conflicts,” Jennifer K. Achtert and Todd B. Scherwin outlined some of the differences between the Family and Medical Leave Act (FMLA)/ California Family Rights Act (CFRA) and other leaves. In particular, they compared FMLA/CFRA to the Americans with Disabilities Act […]

Key Employee: If I Take FMLA, I’m Fired???

Special from the Advanced Employment Issues Symposium, Las Vegas If you are a designated key employee, you may not be able to return to work after FMLA leave, but your leave can’t be denied, says attorney Stacie Caraway, who covered key FMLA topics atBLR’s Advanced Employment Issues Symposium, held recently in Las Vegas. While you […]