Tag: Leave Management

‘Choose Child or Job’: Manager’s Comment Sends ADA Suit to Trial

A manager’s comment has allowed an employee to keep her disability discrimination claim alive, according to a recent court ruling. In Manon v. 878 Education, LLC (No. 12-cv-3476 (March 4, 2015)), a worker alleged that she was fired because her daughter has a disability; her claims survived summary judgment because she was able to show that her […]

Can You Fire A Policy Violator Who’s Out on CFRA Leave?

The California Supreme Court issued a recent decision on whether courts may vacate (toss out) an arbitration award in which the arbitrator applied the “honest belief” defense to uphold the employer’s termination of an employee for engaging in outside employment in violation of company policy while on an approved leave of absence under the California […]

Foreseeable Leave, Intermittent Leave, and More

Yesterday, attorney Michelle Lee Flores of the Los Angeles office of Fisher & Phillips, LLP, started her rundown of top FMLA, CFRA, and PDL compliance tips for California employers. Today, the rest of her list—plus an invitation to a new webinar you won’t want to miss.

Jury Awards $2.6M to Pharmacist With Needle Phobia

Rite Aid Corp. will soon appeal a $2.6 million jury award for a pharmacist who is afraid of needles, according to recent court filings. A federal jury determined in January that the pharmacist’s phobia was a disability covered by the Americans with Disabilities and that he was fired because of that fear. Christopher Stevens, who […]

Unemployment Is Down. Will Your Employees Jump Ship?

It’s well-known that high unemployment rates discourage employees from voluntarily leaving their jobs—even if they’re unhappy—because of the uncertainty in how long it will take to secure a new position. However, the unemployment rate has been steadily dropping for several years, now (in early 2015) reaching lows last seen before the recession. The number of […]

New rule extends FMLA rights to more employees in same-sex marriages

More employees in same-sex marriages will be able to take leave under the federal Family and Medical Leave Act (FMLA) as a result of a new rule taking effect March 27. And while employers in states that recognize same-sex marriage already have been operating under a definition of spouse that includes legally married same-sex partners, […]

handbook

The Employee Handbook—Best Practices

Most organizations have created some form of employee handbook, and for good reason. Not only does this document serve as a means to inform employees of their rights and responsibilities but it also acts as a reference guide for all employer policies. Most handbooks include:

Do You Use a Fitness-For-Duty Certification After FMLA Leave?

Employers have come up with dozens of methods for ensuring the proper administration of Family Medical Leave Act (FMLA) leave and minimizing its abuse. It’s important to ensure that employees who return to work are truly ready—and that the leave is administered in a way that is fair and legal for all employees. One such […]