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Question: We are looking for information regarding medical benefits when someone is out on leave under the FMLA. We understand that the eligible employee’s job is protected while out under the FMLA, and that they are able to make payments on their medical benefits while out on leave. If an employee exhausts all of his […]
by Brittany E. Medio, JD, Saul Ewing LLP The U.S. 3rd Circuit Court of Appeals—which covers Delaware, New Jersey, and Pennsylvania—recently affirmed a lower court’s decision to dismiss an employee’s gender discrimination and retaliation claims against her former employer. The court found the employee was terminated not for engaging in protected activity but for violating […]
Employers continue to face both federal charges and private lawsuits over policies that require workers to be fully healed from injuries before returning to work. According to the U.S. Equal Employment Opportunity Commission (EEOC), this means employers aren’t aware of their accommodation responsibilities under the Americans with Disabilities Act (ADA).
Checking to see that an employee is using Family and Medical Leave Act (FMLA) leave properly doesn’t necessarily amount to illegal interference with the worker’s rights, a federal appeals court made clear in a recent ruling.
In our last installment, we looked at what counts (and doesn’t count) as Family and Medical Leave Act (FMLA) abuse and fraud. This article will highlight moonlighting and other activities while on leave.
by Barbara J. Koenig, Foster, Rieder & Jackson, P.C. As you know, the Uniformed Services Employment and Reemployment Rights Act (USERRA) is a federal statute that protects the employment rights and benefits of uniformed servicemembers who have returned from military deployment. USERRA not only requires employers to rehire returning employees who were absent from their […]
President-elect Donald Trump has proposed 6 weeks of paid leave for new mothers. New fathers, same-sex female partners, adoptive parents, and foster parents, however, would not receive any paid time off to care for a new child.
United Airlines was within its rights when it decided to fire an employee who it determined had abused his Family and Medical Leave Act (FMLA) leave. He took 1 day of medical leave in the middle of a planned, 20-day vacation, after unsuccessfully trying to get coworkers to cover his shift, court documents show.
When an employee requests time off, it may seem like a great solution to offer a telework arrangement instead. And sometimes, that may be allowed, according to a new report.
One of the biggest Family and Medical Leave Act (FMLA) frustrations for employers is what to do with an employee who appears to be abusing the law’s protections or, even worse, fraudulently using approved leave for non-FMLA purposes.