Practical HR Tips, News & Advice. Updated Daily.
How is employee substance abuse handled under the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA)? Is alcoholism protected under both laws? What about illegal drug use?
By Susan Schoenfeld, JD How do you calculate FMLA hours for employees such as fire personnel who work a 24-hour on-shift and a 48-hour off-shift and for police officers who work a 10-hour or 12-hour shift?
By Susan Schoenfeld, JD The holidays are filled with cheer and oftentimes, many days of holiday leave. So what happens when FMLA leave and the holidays coincide? Does FMLA leave “count” during a work holiday?
We have an employee that used more than contributed in her FSA while she was on a FMLA then personal leave. The plan year is over. The employee is now back. Can we ask her to contribute the balance at this point? I know we can’t make this request upon a termination but what about […]
By Shelley I. Ericsson, JD The purpose of the FMLA is to allow an employee to manage a serious health condition (his own, a spouse’s, or a family member’s) without fear of losing his job. An employer cannot interfere with an employee’s FMLA rights or take action that appears to be penalizing the employee for […]
We employ less than 20 employees. We have one employee who frequently calls in or has to leave due to “panic attacks.” She has been late for work over 30 times and has called in sick 7 times in the past 6 months. She has indicated that she is on medication. She has also been […]
The term “undue hardship” refers to unreasonable or excessive expense or inconvenience that would be necessary on the part of an employer to accommodate an employee. Undue hardship is an exception to the employer’s obligation to provide reasonable accommodation.
By Rebecca V. Nellis, MPP, Chief Mission Officer, Cancer and Careers A cancer diagnosis often catches people by surprise. When the person with cancer is one of your employees, knowing how to react is not intuitive. The truth is, when an employee discloses their diagnosis to you, they are looking for direction. Your next steps […]
We have an exempt employee going out on FMLA for about 7 weeks. The employee currently has remote access and can work from home. Are we violating FMLA if we allow this exempt employee to have access to emails and his virtual desktop or should we get a doctor’s release that says the employee can […]
By Jessica Arnold, JD The 3rd Circuit— which covers Delaware, New Jersey, and Pennsylvania—recently affirmed the dismissal of a former employee’s retaliation claim under the Family and Medical Leave Act (FMLA), finding the employer’s approval of his request for intermittent leave at the time of his discharge was insufficient to establish a causal connection between […]