Tag: Leave Management

Appeals Court Upholds Award for Teacher with Seasonal Affective Disorder

A school district failed to accommodate a teacher with seasonal affective disorder, the 7th U.S. Circuit Court of Appeals has determined, upholding a jury’s award of damages. The 7th Circuit had already heard the case, Ekstrand v. School District of Somerset (No. 11-1949, June 26, 2012), once before. Renae Eskstrand filed suit against her employer, […]

Courts, Agencies Take Mixed Actions Affecting Same-sex Partners

Branches of the federal government have taken divergent actions affecting same-sex partners. A federal district court upheld a state law defining marriage as occurring between a man and a woman; meanwhile, the U.S. Office of Personnel Management has issued final and proposed regulations to expand federal employees’ benefits coverage to their same-sex partners and those […]

Can You Force Employees on Intermittent Leave to Transfer (Yes, BUT …)

Yesterday’s Advisor covered nine traps of intermittent leave; today, the tricky issue of transferring employees on leave, plus an introduction to the guide we call the “FMLA Bible.” In the case of reduced and intermittent leave, an employer may temporarily move an employee to a different job for the duration of the intermittent or reduced […]

Flawed COBRA/Leave Policy Still Leaves Employer With Unpaid Stop-loss Claims

An employer whose COBRA/leave policy did not align with a stop-loss policy’s terms continues to be on the hook for a COBRA qualified beneficiary’s medical claims that were rejected by the stop-loss insurer. The employer unsuccessfully appealed a lower court ruling that the claims were ineligible under the policy terms because they did not include […]

Executives on Maternity Leave: Return Not Guaranteed by FMLA

Newly appointed Yahoo CEO Marissa Mayer — who some pundits have called “the most powerful pregnant woman in America” — is an exceptional employee in more ways than one. Even if she had worked the prerequisite 12 months (or 1,250-plus hours) at Yahoo to qualify for FMLA leave, Mayer would not be guaranteed a return […]

Five More FMLA Abuse Killers

Yesterday’s Advisor offered the first 7 of attorney W. Melvin Haas’s tips for combating FMLA abuse. Today, the rest of his tips, plus an introduction to the book many call “the FMLA Bible.” IHaas is managing member at the Macon, Georgia office of Constangy, Brooks & Smith, LLC. [Go here for tips 1 to 7] […]

12 Steps to Crack Down on FMLA Abuse

Employees are becoming more and more sophisticated in ways to abuse the Family and Medical Leave Act (FMLA), particularly using intermittent leave when vacation and sick leave are not available, says attorney W. Melvin Haas, who offers 12 steps to minimize abuse. In order to minimize disruption in the workplace, an employer must detect and […]