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This article series highlights the requirements for determining Family and Medical Leave Act (FMLA) eligibility. The last installment focused on the new definition of spouse under the FMLA. Now we’ll look at documenting family relationships and its impact on the FMLA.
Our non-exempt employee has no sick or vacation days left and has accrued absentee attendance points close to termination. Because of this, the same employee is coming into work while sick. We don’t want the health of other employees to be at risk because of his/her presence. Can an employer force a sick employee to […]
By Susan Schoenfeld, JD Just when you thought you’d finished learning all you could about the Family and Medical Leave Act (FMLA), the U.S. Department of Labor (DOL) releases some new material. Fortunately, BLR® Senior Legal Editor Susan Schoenfeld, JD, has the facts on the new poster and guidebook.
In the case of Family and Medical Leave Act (FMLA) leave to care for a family member, once the employer has determined whether an individual employee is eligible for FMLA leave, many times the next hurdle is determining if the family member is covered by the FMLA. This determination has become somewhat more complicated as […]
Is there benchmarking available for time off for bereavement/bereavement leave? There is no law requiring it, but most employers provide paid time off to employees when there is a death in the employee’s immediate family. Employers may set whatever bereavement leave policy they want. The policy should apply to all employees uniformly and be enforced […]
By Beth Kahn and Timothy J. Toohey, Morris Polich & Purdy LLP A California employer fired a pregnant employee for violating its policy on reporting missing customer deposits. On appeal, the California Court of Appeal considered whether the employee had a claim for pregnancy discrimination and whether the employer had a legitimate reason for terminating […]
By Michele L. Brott, JD, Davis Brown Law Firm In December 2015, the Iowa Supreme Court decided the parameters of pregnancy discrimination under Iowa law, stating that when it comes to light-duty requests, pregnant workers are on “equal footing” with employees who are injured at work.
As employers we all strive to be in legal compliance, especially when it comes to federal regulations that protect our employees, such as the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA). But it can admittedly get confusing when some legal regulations seemingly overlap or even seem almost contradictory to […]
As an employer, the Family and Medical Leave Act (FMLA) leave can be tricky to administer. After all, employers have competing goals: They want to meet their legal obligation to employees (and likely have a desire to help employees get through the situation they’re in, which is necessitating the leave), but they also want to […]
In the case of Family and Medical Leave Act (FMLA) leave to care for a family member, once the employer has determined whether an individual employee is eligible for FMLA leave, many times the next hurdle is determining if the family member is covered by the FMLA. This determination has become somewhat more complicated as […]