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This article series examines similarities and differences between the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) so that you can stay in compliance when both laws apply. Here, we compare what types of postoffer inquiries and examinations are permitted under each law.
By Susan Schoenfeld, JD In late June, in Obergefell v. Hodges, the U.S. Supreme Court held that the 14th Amendment of the U.S. Constitution requires states to license a marriage between two people of the same sex, and to recognize a marriage between two people of the same sex when their marriage was lawfully licensed […]
The results of our 2015 Employee Leave Survey are in and reveal that 99.4% of participants offer some form of time off to employees (marginally up from 98.9% in 2014). Here are a few more highlights of the survey: Personal Leave Sometimes called small necessities leave, personal days are offered by 29.7% (30% in both […]
By Lynn Mueller, Felhaber Lawson Once an employee gives her employer notice that she’s requesting leave under the FMLA, the employer cannot escape liability for discrimination by merely approving the leave but skipping the paperwork designating the leave as FMLA-protected.
My understanding is that employers may not require employees to use paid leave not yet available. At my company we make employees use all but 5 vacation days before taking unpaid FMLA leave. Are we violating anything by doing this?
What questions are employers prohibited from asking a job candidate under the Americans with Disabilities Act (ADA) and Family and Medical Leave Act (FMLA)?
By Susan Schoenfeld, JD Recent statistics from the National Institute on Alcohol Abuse and Alcoholism reveal that 16.6 million adults aged 18 and older have an alcohol use disorder, including 10.8 million men and 5.8 million women. Many of these adults are also employees, raising the issue of what an employer must do to address […]
The results of our 2015 Employee Leave Survey are in and reveal that 99.4% of participants offer some form of time off to employees (marginally up from 98.9% in 2014). Here are a few more highlights of the survey: Paid time off (PTO) is available to 96.6% of those responding to our survey. Paid sick […]
By: Krista J. Griffith and Lynn Mueller, Felhaber Lawson In a recent case, the U.S. District Court for the District of Minnesota held that an employee shouldn’t be shielded from the consequences of her wrongdoing simply because she was on leave protected by the Family and Medical Leave Act (FMLA) at the time her employer […]
By: Krista J. Griffith and Lynn Mueller, Felhaber Lawson This article series examines similarities and differences between the Family and Medical Leave Act (FMLA and the so that you can stay in compliance when both laws apply. Here, we compare the notice and posting requirements for employers under each law.