Practical HR Tips, News & Advice. Updated Daily.
By Kate McGovern Tornone, Editor A federal appeals court has allowed an employee to proceed with his Family and Medical Leave Act (FMLA) claims because his employer failed to provide him with the mandatory job restoration notice.
The Family and Medical Leave Act (FMLA) regulations provide a list of the types of healthcare providers (HCPs) that employers must acknowledge as being qualified to certify the existence of a serious health condition.
By Kelly Smith-Haley, Fox, Swibel, Levin & Carroll LLP The Family and Medical Leave Act (FMLA) allows eligible employees to take unpaid job-protected leave for certain family and medical reasons. The FMLA also prohibits employers from retaliating against employees who exercise their rights under the Act. But employees have certain obligations to meet before being […]
If an employee was approved to take an unpaid month long leave of absence, are we required to extend her health benefits during that month? If we are obligated to provide them, is she responsible for the entire premium for that month? Do we treat this like a continuation of coverage, even though she is […]
By Lisa Berg, Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A. The U.S. 11th Circuit Court of Appeals—which covers Alabama, Florida, and Georgia—recently had to decide whether Dollar General violated the Family and Medical Leave Act (FMLA) or the Americans with Disabilities Act (ADA) when it terminated an employee based on its discovery during her […]
We have an employee that is a member of the Army National Guard. He is considering applying for an Active Duty position within the Guard. If he applies for this position and he is approved for voluntary active duty while still employed with us, will the USERRA guidelines still apply?
Sounds like the beginning of a bad joke, right? A decision by a federal district court in Minnesota provided a punch line and it turns out it’s not so funny. According to the court in Fries v. TRI Marketing Corp., an employee can claim Family and Medical Leave Act (FMLA) protection when two health conditions […]
By Dave Johnston, JD, Sulloway & Hollis P.L.L.C. Recently, the New Hampshire Supreme Court invalidated a New Hampshire Department of Labor (NHDOL) regulation that states part-time employees who are injured at work are ineligible for the reinstatement protections afforded by certain statutory provisions of New Hampshire’s workers’ compensation law.
By Norasha L. Williams, JD, Cozen O’Connor Quite possibly as a direct consequence of what the Equal Employment Opportunity Commission (EEOC) describes as a “troubling trend” in the prevalence of employer policies denying or restricting the use of leave as a reasonable accommodation, the Commission recently issued guidelines emphasizing the necessity to offer leaves of […]
We have an employee whose wife has a serious, chronic health condition. He has approved intermittent FMLA. We are suspicious of FMLA abuse–that he is taking advantage of it and uses his wife as an excuse for all of his absences, which are frequent. Can we ask for a doctor’s note each time he has […]