Tag: leave of absence


Sexual Harassment: No Surprises in Harvey Weinstein Affair

The public is currently fixated on our business, sexual harassment in employment. Taking center stage is Harvey Weinstein, whose case is straightforward quid pro quo sexual harassment—a powerful employer expecting sex from women he promises to promote. Is that news in the film industry? Hardly.


Ask the Expert: Deeming Employee ‘Ineligible’ for Leave Isn’t Always Simple

Question: We have an employee who requested FMLA paperwork because of her migraines.  Unfortunately, she is ineligible because her location is outside of the 75-mile radius of 50 employees or more. She is requesting special accommodations to miss work when she has a severe migraine. However, she is a kitchen designer and most of the […]


California Court Confirms Employers Not Required to Provide Employees Indefinite Leaves of Absence

In a recent case, an employee suffered a stroke at work. Even after a 14-month leave of absence, her doctors could not state with certainty when she would be able to return to work. In that situation, it was clear her employer did not discriminate against her based on her disability when it terminated her […]

Quebec Court of Appeal: People (not workplace policies) harass people

by Alexis Charpentier Workplace harassment is a complicated and evolving area of the law. The lines between an employer’s right to manage its employees and harassment are often blurred. Fortunately, the Court of Appeal of Québec has provided some clarity in a recent decision in Syndicat des travailleurs de l’aluminium d’Alma, local 9490 (Syndicat des […]


10th Circuit: Was Unauthorized Absence Cause for Termination?

The U.S. 10th Circuit Court of Appeals—which covers Colorado, Kansas, New Mexico, Oklahoma, Utah, and Wyoming—recently ruled in favor of Dillon Companies, Inc., a Kansas corporation that does business as King Soopers, in a lawsuit filed by a former grocery store employee who claimed he suffered a hostile work environment and was terminated because of […]


Do You Have to Ignore Misconduct Uncovered During FMLA Leave?

By Kate McGovern Tornone, Editor It’s an easy scenario to imagine: an employee goes out on leave and, when another employee takes on his work, she discovers performance deficiencies and maybe even misconduct. Is the employee’s job protected just because he is out on “job-protected” leave?