Tag: leave of absence

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 […]

Kansas

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 […]

furlough

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?

While You Were Gone … We Found out We Didn’t Need You

What happens when an employee is out on job-protected leave and an employer realizes that everything keeps moving along just fine without him or her or that his or her duties shouldn’t really take 40 hours per week? The U.S. District Court for the Central District of California recently had to decide just that.

Alcoholism and how USC may have violated ADA by firing Steve Sarkisian

On October 12, 2015, Steve Sarkisian was fired as  head coach of the University of Southern California (USC) football team. While USC contends Sarkisian was fired for “cause,” there is no question that his alcohol-related behavior led to his termination. Whether the termination was or was not properly for “cause” is relevant, in part, because […]

Another New Leave of Absence for Canadians?

By Ralph N. Nero and Fida Hindi Canadian employees are entitled to all sorts of leaves – maternity leaves, parental leaves, sick leaves, emergency leaves, leave for the disappearance of a minor child, and the list goes on. Now Ontario may be joining Quebec by creating yet another new category of leave of absence for […]

Vancouver 2010: Are You Prepared?

By Katie Clayton and Farrah Sunderani With the Vancouver 2010 Olympic and Paralympic Winter Games having just begun, there will be several implications on the workplace. Past Olympic cities have reported high levels of absenteeism – both approved and unapproved – for employees wishing to attend the events, partake in the activities, or volunteer. Employers […]

FMLA virtual summit provides opportunity to speak with lawyers

On January 16, 2009, all employers covered by the Family and Medical Leave Act (FMLA) will have a new batch of regulations to contend with. To help HR professionals prepare, M. Lee Smith Publishers offered its first-ever, FMLA virtual summit — a day-long event during which participants could watch online, listen on the phone, and […]