Practical HR Tips, News & Advice. Updated Daily.
Oftentimes employers neglect to take the critical first step in administering Family and Medical Leave Act (FMLA) leave—determining employee eligibility. Taking defined, consistent steps in determining employee eligibility helps employers not only properly deny leave when appropriate, but also to grant leave for a period of time that is reasonable and necessary.
By Susan Schoenfeld, JD Have you ever wondered whether the leave you approved was really allowed under the Family and Medical Leave Act (FMLA)? What about accepting questionable medical certifications? How can you properly (and effectively) question FMLA medical certification when it seems that something just isn’t right?
Although the legal requirements of the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) are similar in some regards, at times an employer may find that the requirements of one law contradict the other. In these cases, it is important to know which law takes precedence, or “trumps,” the other.
By Michael P. Maslanka, JD It’s crucial that employers take the time to accurately state the reason for an employee’s termination. Not doing so may expose you to liability later. For a recent case that illustrates that basic principle, read on.
By Susan Schoenfeld, JD Vermont is the latest state to join the growing tide of paid sick leave laws in the states and numerous local ordinances across the country. In February 2016, the Vermont legislature passed a bill that, when effective, will require employers to provide employees up to 3 paid sick days per year […]
As a group, cancer survivors (estimated to number 14.5 million in the United States in 2014) face greater economic burdens including medical expenditures and productivity losses. Survivors of cancer pay thousands of dollars in excess medical expenditures, and the extra costs vary by age and cancer site, according to a new American Cancer Society study.
As an employer, you want to hire the best person for any job. You also want to ensure your employees are safe and that no employee compromises the safety of others. These are some of the most common reasons employers may require a medical examination: to ensure that the employee is fit for duty and […]
I have an employee who has FMLA for headaches. She said she can no longer work more than 8 hours a day. She has also requested to be changed to a different shift and department, saying that is easier on her eyes/for her headaches. We do not have any openings on the shift she requested. […]
Although the legal requirements of the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) are similar in some regards, at times an employer may find that the requirements of one law contradict the other, and the employer cannot comply with both laws. In these cases, it is important to know […]
By Mika Shadid Tucker, JD You must carefully consider the timing when you execute certain employment decisions that affect an employee who recently exercised her FMLA leave rights. Implementing a previously contemplated adverse employment action isn’t discrimination as long as the FMLA leave wasn’t a motivating factor.