ADA vs. FMLA: When Should You Offer a Light-Duty Position?
This article is part of a series that compares and contrasts various aspects of the two laws.
Tag: Leave Management
FMLA: When Absences and Certifications Don’t Match Up
By Susan Schoenfeld, JD In cases where an employee’s absences are not supported by his or her medical certification, an employer should consider recertification. An employer may request recertification of an employee’s serious health condition no more often than every 30 days unless one of the specific exceptions discussed below applies.
On the Chopping Block for Hiring and Pay Discrimination
By Susan Schoenfeld Yesterday we explored how the Office of Federal Contract Compliance Programs (OFCCP) has been taking a hard stance on hiring and pay discrimination cases. Today, we’ll learn the takeaway from all of those cases. Lessons Learned In addition to highlighting OFCCP’s concentrated focus on systemic hiring and compensation issues, these recent cases […]
Federal Government Cracking Down on Hiring and Pay Discrimination
By Susan Schoenfeld The Office of Federal Contract Compliance Programs (OFCCP) recently announced a number of settlements in enforcement cases against federal government contractors demonstrating a continued emphasis on pursuing systemic hiring and pay discrimination claims. Settlement costs ranged from $165,000 to $1.8 million and required the affected contractors to take action in hiring and […]
Reasons Your Turnover Is High
As unemployment levels continue to inch ever lower, turnover levels continue to be a growing concern for employers. We all know that turnover comes with costs, including recruiting and training costs, lost productivity, and increased short-term costs like overtime for other employees—all of which can add up quickly. And none of this takes into account […]
Presenteeism—Why Some Workers Go to Work Sick and Some Don’t
Why do workers go to work when they are sick? A new study aimed to improve understanding of the main causes of “presenteeism,” as well as to help make managers more aware of the existence of the growing phenomenon, and what triggers the behavior.
Manager Fired While on Leave May Have Interference Claim
By Tara Eberline, JD In addition to giving employees the right to job-protected leave, the Family and Medical Leave Act (FMLA) provides two avenues of relief for an employee when his employer doesn’t comply with its obligations under the law. Read the following article to learn about the distinctions between FMLA interference and retaliation claims […]
Reinstatement Rights under the FMLA and ADA
Do employees have a right to reinstatement to their previous position upon return from Family and Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA) leave? What are the exceptions to reinstatement under each law?
Ask the Expert: Does Surgery for Ongoing Medical Condition Require Recertification?
We have an employee who has been taking intermittent leave over the past 12 months for pain and injections for a medical condition. He is having surgery due to the condition. Is this considered a separate event or a continuation of the prior treatments?
The FMLA and Hidden Health Conditions
By Susan Schoenfeld, JD The Family and Medical Leave Act (FMLA) can be tricky when an employee wants his or her health condition to remain private.