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The 2016 budget bill (S.B. 6406C) signed into law on April 4 by New York Governor Andrew Cuomo includes a paid family leave program that will provide partially-paid leave to nearly every employee in the state. New York is the fourth state, following California, New Jersey and Rhode Island, to enact a paid family leave program administered as part […]
In recent series of articles, Senior Legal Editor Susan Schoenfeld outlines the Office of Federal Contract Compliance Program’s (OFCCP) proposed paid sick leave rule, its requirements, and the time frame for compliance. But what will the paid sick leave requirements really mean for government contractors? What should contractors be doing now to ensure compliance when […]
An eligible employee’s daughter has been diagnosed with cancer at age 19. The daughter’s cancer would meet the Americans with Disabilities Act’s definition of disability. Even if the daughter’s cancer goes into remission, it will continue to meet the ADA’s definition of disability because the active condition substantially limits a major life activity—normal cell growth.
By William D. Pandolph, JD, Sulloway & Hollis P.L.L.C. A New Hampshire employee’s Family and Medical Leave Act (FMLA) retaliation claim recently survived the employer’s attempt to get it thrown out before trial. The court rejected the employer’s argument that there was a lack of evidence of retaliation on its part.
By David M. Stevens, Whiteford, Taylor & Preston Employers frequently experience heartburn when employees who have recently taken leave protected by the Family and Medical Leave Act (FMLA) engage in conduct that warrants discipline or even termination. You are rightly concerned about the possibility that an employee in that situation may allege retaliation if you […]
This article series highlights the requirements for determining Family and Medical Leave Act (FMLA) eligibility. The last installment focused on caring for adult children. Employees who are eligible for FMLA leave who want to take leave to care for a child 18 years of age or older must satisfy five requirements to qualify for FMLA […]
We have less than 25 employees at our company. A salesperson is going out on maternity leave. This is going to put a burden on us. – If she is out for say 6 weeks and she returns, do we have to give her the same job back or an equivalent job? What if we […]
This article series highlights the requirements for determining Family and Medical Leave Act (FMLA) eligibility. The last installment focused on what employers need to do to stay complaint. Another twist in the FMLA family care determination occurs when an employee requests leave to care for an adult child.
By Michele L. Brott, JD, Davis Brown Law Firm In December 2015, the Iowa Supreme Court decided the parameters of pregnancy discrimination under Iowa law, stating that when it comes to light-duty requests, pregnant workers are on “equal footing” with employees who are injured at work.
By Steve Jones, JD, Jack Nelson Jones & Bryant, P.A The U.S. 8th Circuit Court of Appeals—which covers Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota—recently considered a former employee’s Family and Medical Leave Act (FMLA) discrimination claims.