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Alleging that a supervisor exacerbated an employee’s pre-existing health condition is not a valid theory of liability under the Family and Medical Leave Act, the 7th U.S. Circuit Court of Appeals ruled. The issue of serious health conditions covered by the FMLA causes human resources professionals some confusion. But as the 7th Circuit’s decision in […]
Handling employee requests for time off because of illness, injury, or a disability is undoubtedly one of the most difficult — and frustrating — parts of your job.
An employer’s desire to quickly fire an employee can drag it into violating labor laws. Recently, the firing of an employee for misusing 20 minutes of family medical leave led to conclusions that the firing was retaliation for union activity. The U.S. Court of Appeals for the District of Columbia decided to uphold an NLRB […]
Job creation is the economy’s number one problem, but it’s reasonable to predict that not one job will be created because an employee broke his or her leg. That won’t stop some workers from trying, though, as shown in this Americans With Disabilities Act (ADA) case In White v. Interstate Distributor, Co., a fired […]
Note: This very interesting post is by attorney Allison West, principal of Employment Practices Specialists, in Pacifica, Calif. Thank you, Allison for contributing this to our blog. See below for more about Allison, and a Thompson Interactive Webinar she will be giving on this topic. So, what is a religion, anyway? Not surprising, countless religions exist […]
“We’ve looked at hundreds of companies’ plans,” Dolmat-Connell says “I guess if you could boil it down, there are three key pieces of advice.” (Dolmat-Connell is president and CEO of compensation experts DolmatConnell, & Partners in Boston, Massachusetts.) First of all, he says, make sure you don’t have uncapped plans. Second, make sure you balance […]
Some people complain about “rheumatism,” backaches and other physical ills when the weather shifts. For a Southwest Airlines employee, his backaches — and resulting requests for Family and Medical Act (FMLA) leave — seemed to follow the same shift as holidays and vacation time. Southwest determined that this was not the whim of nature but […]
It took her a couple of years to figure things out, she says. “You can’t fix intermittent [leave] abuse overnight. But it will get fixed if you stick with it.” She added that she is not a lawyer, and she “doesn’t play one on TV.” But she does have a handle on intermittent leave. (Dahlen […]
Employers’ obligations to provide workers paid time off for organ and bone marrow donation under the state’s labor code were clarified under a bill California Gov. Jerry Brown (D) recently signed into law. Currently, any employee who uses up his or her sick leave may take a leave of absence with pay for as many […]
One of America’s most visible corporations was taken to task for an Americans With Disabilities Act (ADA) violation that stemmed from one branch’s poor management actions. Starbucks Coffee Co. last week agreed to pay $75,000 to settle a disability discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC had charged that […]