Tag: Leave Management

‘Lean’ Into More Effective Training

Just as “Lean” has helped cut waste in manufacturing and other industries, it can help training departments reduce waste and make training more effective, says Todd Hudson. In today’s Advisor, Hudson shows how to apply “Lean” principles to your training program. The basic concept of Lean in the corporate learning context is that “people should […]

What to Expect When Your Employee Is Expecting? Pregnancy Discrimination

Pregnancy discrimination charges and lawsuits continue to rise, and no surprise—Many managers still hold out-moded ideas of how to treat pregnant employees, and that’s a recipe for your organization’s next lawsuit. “All pregnant employees should stop work 30 days before their due dates.” “Pregnant women should stay out 6 weeks after the birth.” “I’m not […]

Absence Policies and Leave Administration Lacking Rigor and Framework, Study Says

The widespread use of manual and improvised procedures to measure, mitigate and administer employee absence suggests that many employers are taking substantial compliance risks with regard to the Family and Medical Leave Act, according to the ADP Research Institute study, Total Absence Management: Two Decades After the Passage of FMLA. Even though lost productivity due […]

Employers Must Consider Transferring Employees Who Require Specialized Medical Care

Employers must consider transferring employees with disabilities so they can be close to medical care, the 10th U.S. Circuit Court of Appeals ruled in Sanchez v. Vilsack (No. 11-2118 (10th Cir. Sept. 19, 2012)). Clarice Sanchez worked as a secretarial employee for the U.S. Forest Service. When she fell at work, she sustained brain damage […]

Bill Would Require Reasonable Accommodations for Pregnancy

A new bill would require employers to provide reasonable accommodations for pregnant employees just as they do for those with disabilities. The Pregnant Workers Fairness Act, S. 3565, is modeled after the Americans with Disabilities Act and borrows some of its language. In the same way that ADA requires accommodations for workers with disabilities, it […]

Back Pay Damages Include Overtime in FMLA Retaliation Claim, Courts Rule

Employers should be aware that back pay sometimes can entail more than base compensation. The 1st U.S. Circuit Court of Appeals provided that reminder through its recent holding that overtime compensation may be included in an award of back pay. The case is Pagán-Colón v. Walgreens of San Patricio, Inc., Nos. 11-1089, 11-1091 (1st Cir. […]

California Outlaws ‘Demand Letters’ in Attempt to Curb Predatory ADA Suits

Letters demanding that businesses fix accessibility violations or settle with the sender are now prohibited in California thanks to a law that took effect last week. The bill, SB 1186, amended state law “by prohibiting ‘demand for money’ letters, where attorneys target businesses with alleged minor access violations and demand a quick monetary settlement in […]

Curbing FMLA/CFRA abuse: Recent legal developments

Curbing FMLA/CFRA abuse is complex. Employers must continue to meet their obligations to employees under the federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA), yet they often fear claims of discrimination, harassment, or retaliation when rightfully trying to cut down on employee FMLA/CFRA abuse situations. Additionally, the case law […]

Train Your Trainers Not To Make These Mistakes

Weiss is director of Seyfarth Shaw at Work, a legal compliance training company associated with the Seyfarth Shaw law firm. His remarks originally appeared in our sister publication, the HR Manager’s Legal Reporter. What Can Go Wrong Weiss suggested that trainers check to be sure they avoid the following common problems: Training from the Bottom […]

It’s the Employer’s Job to Know When FMLA Applies

In worst-case scenarios, stumbling blocks become legal hurdles too great for your human resources department to overcome. What starts as an innocent mistake, lack of knowledge or sin of policy omission becomes a genuine issue of material fact and it lands your company in court. In the case of Lichtenstein v. University of Pittsburgh Medical […]