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When a court determines that an employer has interfered with an employee’s right to leave under the Family and Medical Leave Act, the monetary damages can be quite severe. While awards of front pay, back pay and attorney fees are the usual penalties paid by employers found guilty of FMLA violations, FMLA also requires an […]
An employer will pay almost $5 million to settle claims it automatically fired employees who used 12 weeks of medical leave and were not ready to return to work, the U.S. Equal Employment Opportunity Commission announced Nov. 9. The settlement resolves claims EEOC filed alleging that the automatic termination policy violated the reasonable accommodation provisions […]
Use these approaches to get the best return on training investments: View training as an ongoing process. Reassess training needs regularly to make sure that current needs—not outdated ones—are being addressed. Seek employees’ input. In addition to asking supervisors and managers to identify skills gaps, talk to individual employees about their training needs and encourage […]
Yesterday’s Advisor covered the tricky territory of delaying FMLA leave over late notification; today, a handy FMLA audit checklist, plus an introduction to the problem-solving guide many call the “FMLA bible.” As you go through the checklist, “Yes” answers indicate best practice or required practice. Where the practice is required, a citation to the relevant […]
When employees fail to follow regulatory guidelines for FMLA notifications, may the employer delay the leave? It’s a tricky question. Here are the answers: Proper Notice Required First of all, in order for the onset of an employee’s FMLA leave to be delayed due to lack of required notice, it must be clear that the […]
While some employees with chemical sensitivity may be entitled to work from home, that remedy is not always available, the U.S. District Court for the Southern District of Ohio has ruled in Core v. Champaign County, 2012 WL 4959444 (Oct. 17, 2012). The court had ruled on July 30 in Core v. Champaign County that […]
What is intermittent leave? Are employers required to provide it? The Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) provide legal rights for eligible employees to take up to 12 work-weeks of job-protected time off in a 12-month period (and 26 work-weeks for servicemember leave). This time off may be […]
The PDA applies regardless of how long an employee has worked for you. The Family and Medical Leave Act (FMLA), however, has stricter eligibility requirements but also offer more potential benefits. For example, the FMLA applies to new fathers as well as mothers. To be eligible for FMLA leave, an employee must have worked for […]
Tackle your attendance problems by training employees on the following attendance issues. 1. Employer Expectations Regarding Attendance Regular attendance is a requirement of every employee’s job. It is important because: High absenteeism rates reduce productivity. Absenteeism puts undue burdens on other employees. 2. Employer Policies Related to Attendance and Leave Know how many days off […]
A former senior account manager has filed a gender discrimination lawsuit against the National Basketball Association, Inc., alleging that the NBA “pays lip service to gender equality” and is “openly hostile to working mothers.” In the lawsuit, Brynn Cohn claims that the NBA instituted a change in work schedule while she was on maternity leave […]