Practical HR Tips, News & Advice. Updated Daily.
I have an employee who has been taking intermittent leave for pain and injections for a condition for over a year. He is having surgery due to the condition. Is this considered a separate event or a continuation of the prior treatments?
By Susan Schoenfeld, JD For more information on these and other recent developments in state leave law, see the Family and Medical Leave Act (FMLA), sick leave, and maternity and pregnancy topic analyses for your state.
An employer may not terminate or otherwise discriminate against an employee in retaliation for engaging in an otherwise protected activity—for instance, making a discrimination complaint or participating in the investigation of a discrimination complaint.
By Sarah Caldwell Breslin, JD The U.S. Court of Appeals for the 7th Circuit—which covers Illinois, Indiana and Wisconsin—recently ruled that a Columbus (Indiana) teacher who claimed his contract wasn’t renewed for discriminatory reasons should have his Family and Medical Leave Act (FMLA) claims heard by a jury.
By Susan Schoenfeld, JD In an all-out blitz, the U.S. Department of Labor (DOL) has undertaken a number of efforts to encourage states and private employers to support paid leave. Included in those efforts:
By Susan Schoenfeld, JD The U.S. Department of Labor (DOL) has announced a proposed rule to implement Executive Order 13706, Establishing Paid Sick Leave for Federal Contractors. Executive Order 13706 was signed by President Barack Obama on September 7, 2015, and requires parties that enter into covered contracts with the federal government to provide covered […]
We have an employee who has had excessive absences this year (over a dozen). All employees are given three sick days annually. Our policy says that if you (the employee) are absent with sick pay you will have 20% of your commission reduced. If you are absent but have no more sick pay accrual, you […]
By Susan Prince, JD, MSL, Legal Editor at BLR In yesterday’s Advisor, Susan Prince, JD, MSL, and legal editor at BLR®, began to discuss the ins and outs of forming and maintaining a joint employment environment. Today, we’ll hear what she has to say about joint employment and the Family and Medical Leave Act (FMLA). […]
By Stephen W. Jones, JD The 8th Circuit—which covers Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota—recently held that presenting a doctor’s note to her employer entitled a pregnant employee to the protections of the Family and Medical Leave Act (FMLA), and the employer’s decision to fire her on the last day of […]
By Ryann E. Ricchio, JD A recent decision from the 7th Circuit Court—which covers Illinois, Indiana, and Wisconsin—presents employers with an interesting analysis and a good review of the various theories and methods of proof for Americans with Disabilities Act (ADA) claims. The 7th Circuit affirmed a lower court’s decision in favor of the employer, […]