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Employers often find themselves in a conundrum, however, over how to handle miscellaneous time off that was never even requested as PTO. For example, what happens when the work hours are 8 a.m. to 5 p.m., but an employee has a personal appointment that requires him or her to arrive late? Usually this is not […]
My 20-year-old daughter has been put on bed rest because of her high-risk pregnancy. I am the only one available to care for her. Can I take FMLA leave for this reason? Maybe. In order to take FMLA leave to care for your adult daughter, she must be incapable of self-care due to a disability […]
First, the child must meet the FMLA definition of a “son or daughter.” Second, the child 18 years of age or old must be “incapable of self-care.” Third, the incapability for self care must be because of a mental or physical disability at the time FMLA leave is to commence. Fourth, the child must have […]
Yesterday’s Advisor offered guidelines for the tricky territory of FMLA leave for children 18 and older. Today, concrete examples from the DOL of how this plays out, plus an introduction to FMLA Complete Compliance.
Employees who are eligible for FMLA leave who want to take leave to care for a child 18 years of age or older must jump through five hoops to qualify.
Generally, payment on a salaried basis means that employees receive a predetermined amount of pay that can’t be reduced due to variations in the quality or quantity of their work. Employees must be paid their full salary for any week in which they: bzc cb Perform any work, regardless of the number of hours or […]
Continuous Performance Management Is Your Best Potential Defense Always start dealing with the productivity or performance issue, says Eyres. Let the employee bring up the disability. Eyres, who is managing partner of Eyres Law Group, LLP, offered her tips at a recent BLR-sponsored webinar. Consider the following, she says: Employees should not be genuinely surprised […]
What Is a Chronic Condition? What is a “Chronic Condition” for purposes of leaves, accommodations, and performance management? Eyres says that it is a disease or disorder: Of slow progression and long duration; That causes continuous or episodic periods of incapacity; Lasting at least one year but usually a lifetime; and That often involves episodic […]
An Oklahoma receptionist diagnosed with Lupus less than two months before losing her job to a reduction in force has advanced her state and federal disability bias and retaliation claims against her former employer following a federal district court ruling. Cynthia Reed, whose position was eliminated and mostly automated just two days after she requested […]
Discrimination Laws The Equal Employment Opportunity Commission (EEOC) Enforcement Guidance 915.002 concerning contingent workers clarifies that staffing firms and employers using contingent workers may not discriminate on the basis of race, color, religion, sex, national origin, age, or disability, nor can they ask the medical questions forbidden by the Americans with Disabilities Act (ADA). Immigration […]