Tag: Leave Management

Bulletin: Long-awaited FMLA Revisions Delayed Until Next Year

Proposed revisions to Family and Medical Leave Act regulations will not be issued until March 2005, according to the latest regulatory agenda from the Department of Labor. Originally, the Bush administration announced it planned to unveil the revisions in January 2003. The changes to the 1993 leave law have lagged as the DOL repeatedly extended […]

Family and Medical Leave: Two New Cases Highlight Tricky Issues to Watch Out For

Although many employers know the Family and Medical Leave Act’s basic requirements, unusual circumstances can trip up even the most savvy. We’ll look at two recent cases involving your duty to inform employees of their leave rights and the importance of determining an employee’s “worksite” for FMLA purposes. No FMLA Notice for Injured Employee Richard […]

News Notes: Employers Boosting Work/Life Benefits, Study Finds

A new study by Mellon Financial Corp. reveals that 81 percent of employers offer employee assistance programs, up from 70 percent in 1996, and 54 percent provide family sick days, up from 42 percent. Although only 6 percent of employers offered domestic partner benefits seven years ago, 35 percent of employers do now. The study […]

News Notes: Extension Of Probation Period May Violate FMLA, USERRA

Under Honda of America Manufacturing Inc.’s attendance probation program, a worker who had too many unexcused absences could be terminated. Also, absences for military, family and medical, and other types of leave could prolong an employee’s probationary period by the number of days spent on the leave. Now a federal district court has ruled Honda’s […]

Sexual Harassment: California’s High Court Affirms Automatic Liability for Harassment by Supervisors, But Employers Can Take Steps to Limit Victim’s Damages

In a new ruling, the California Supreme Court has affirmed employers are automatically liable for sexual harassment committed by supervisors, but damages for an employee who doesn’t take reasonable steps to avoid or report supervisor harassment can be reduced. We’ll examine the new case and suggest smart employment practices that can help you limit damages—and […]

Disability Discrimination: Supreme Court Upholds Non-Rehire-for-Drug-Use Policy Violation; Caution Still Required. 3 Practices to Keep You Out of Court

The U.S. Supreme Court has upheld an employer’s refusal to rehire a former employee who violated the company’s drug use policies. This means employers may continue to use neutral policies, but an employee can still prove the employer intentionally discriminated against them and is just using the policy as a pretext to hide wrongdoing. We’ll […]

News Notes: Court Explains Who’s A Joint Employee Under the FMLA

  When Air France denied family leave for employee Stephane Moreau, who worked at the San Francisco International Airport, the airline argued it wasn’t covered by state and federal family leave laws because it had fewer than 50 employees within a 75-mile radius of Moreau’s workplace. Moreau countered that Air France was covered because it […]

Family and Medical Leave: Supreme Court Says State Employers Can Be Sued for FMLA Violations; Little Impact in California

In recent years, several U.S. Supreme Court rulings have barred employees from suing states under a variety of federal employment statutes, including the Age Discrimination in Employment Act and the Americans with Disabilities Act. But a new high court ruling gives state workers a victory, finding they can sue their employers for violating the Family […]

News Notes: Worker’s Naps May Indicate Need For FMLA Leave

After four years of exemplary employment, John Byrne, an Avon Products Inc. engineer, began to fall asleep on the job and was fired. It turned out he was suffering from depression. He was quickly hospitalized and recovered. Byrne charged in a lawsuit his termination violated the Family and Medical Leave Act because his abrupt change […]