Practical HR Tips, News & Advice. Updated Daily.
We have an employee that is a member of the Army National Guard. He is considering applying for an Active Duty position within the Guard. If he applies for this position and he is approved for voluntary active duty while still employed with us, will the USERRA guidelines still apply?
Recently the United States Court of Appeals for the Tenth Circuit issued a ruling in which the court suggested that a policy with a strict limit on medical leaves of absence might be enforceable. This ruling leads to many questions. For instance:
Sounds like the beginning of a bad joke, right? A decision by a federal district court in Minnesota provided a punch line and it turns out it’s not so funny. According to the court in Fries v. TRI Marketing Corp., an employee can claim Family and Medical Leave Act (FMLA) protection when two health conditions […]
By Dave Johnston, JD, Sulloway & Hollis P.L.L.C. Recently, the New Hampshire Supreme Court invalidated a New Hampshire Department of Labor (NHDOL) regulation that states part-time employees who are injured at work are ineligible for the reinstatement protections afforded by certain statutory provisions of New Hampshire’s workers’ compensation law.
By Norasha L. Williams, JD, Cozen O’Connor Quite possibly as a direct consequence of what the Equal Employment Opportunity Commission (EEOC) describes as a “troubling trend” in the prevalence of employer policies denying or restricting the use of leave as a reasonable accommodation, the Commission recently issued guidelines emphasizing the necessity to offer leaves of […]
We have an employee whose wife has a serious, chronic health condition. He has approved intermittent FMLA. We are suspicious of FMLA abuse–that he is taking advantage of it and uses his wife as an excuse for all of his absences, which are frequent. Can we ask for a doctor’s note each time he has […]
By Edward O. Sweeney, Coughlin & Gerhart, LLP The U.S. Court of Appeals for the 2nd Circuit—which covers Connecticut, New York, and Vermont—recently issued an important decision in which it found that an HR director may be deemed “individually” liable under the Family and Medical Leave Act (FMLA).
Most conditions for which leave is sought will fall under the category of “incapacity and treatment.” Unfortunately, this is also the category that tends to be most difficult for employers to evaluate and manage.
I understand that the final rule requires compliance on a weekly basis to ensure exempt employees are paid at least $913 per week. How is this impacted by exempt employees on unpaid leave or short-term disability with reduced earnings (i.e. 60% of base pay)? I would imagine that we wouldn’t be required to adjust their […]
The Family and Medical Leave Act (FMLA) allows eligible employees to take up to 12 workweeks for leave during any 12-month period in order to care for a spouse, son, daughter, or parent with a serious health condition—or for a serious health condition of their own. But what constitutes a “serious health condition” under the […]