Tag: Leave Management

Was employee’s firing for delaying leave documentation OK?

Managing Family and Medical Leave Act (FMLA) leave can be one of the most challenging and frustrating responsibilities for HR. What can employers do when an employee is slow to provide documentation and respond to medical exam requests? In a recent case, a federal appeals court ruled that an employer was justified in firing an […]

Infertility treatments and the FMLA, ADA, and PDA

By Susan Schoenfeld, JD, Senior Legal Editor HR.BLR.com What do you do when an employee asks for leave for infertility treatment? Is leave for infertility treatment available under the Family and Medical Leave Act (FMLA), theAmericans with Disabilities Act (ADA) or the Pregnancy Discrimination Act (PDA)? According to the Center for Disease Control (CDC), infertility […]

FMLA Leave—Are You Calculating It Properly?

Yesterday’s Advisor began our refresher for HR professionals calculating intermittent leave under the Family and Medical Leave Act (FMLA). Today, more tips for employers to ensure compliance with this tricky aspect of recordkeeping.

Worker’s ADA Claim Fails Because Employer Treated Him ‘Reasonably’

A recent appeals court opinion illustrates that an employer that acts “reasonably” often will be in compliance with the Americans with Disabilities Act. The 7th U.S. Circuit Court of Appeals found that an employer had fulfilled its duties under the ADA by providing an effective accommodation to an employee with a disability, even though it […]

Failure to Provide FMLA Notice to Employee Costs Employer $275K

A federal district court judge approved a consent decree requiring Staples to pay $275,000 for failing to notify an employee of his Family and Medical Leave Act leave rights to care for his critically ill wife over a period of two years. The U.S. Department of Labor contended that the office supply chain’s failure to […]

Erratic Attendance Not a Reasonable ADA Accommodation

An employer is not required to alter its attendance policy to allow erratic, extended and indeterminate leave as a “reasonable accommodation,” according to a federal district court in Texas. Accordingly, the employer did not violate the Americans with Disabilities Act when it fired an employee for violating the company’s attendance policy, the court ruled in […]

FMLA Status No Protection against Firing for Poor Performance

An employer did not engage in discrimination under the Family and Medical Leave Act when it fired an employee for performance issues, the 8th U.S. Circuit Court of Appeals held, at a time when the employee also was using intermittent FMLA leave. The court noted that the company never wavered from its claim that it […]

Paternity Leave: Does Your Company Offer It?

Paternity leave—either paid or unpaid—isn’t talked about nearly as often as maternity leave, but perhaps it should be. After all, the two go hand in hand. It can even be argued that it is a matter of equality—all parents should be able to have the option to take time off after the birth or adoption […]

How to Reduce Employee Absenteeism

Is absenteeism a problem in your workplace? It’s a tough problem to tackle, especially because employee absences can occur for so many varied reasons. Let’s take a look first at some of the laws that affect the way employers may handle employee absences, and then we’ll review a few tips on how to manage or […]