Practical HR Tips, News & Advice. Updated Daily.
By Barbara J. Koenig, JD What can you do when an employee appears to be having mental issues, is performing poorly, has been warned about her substandard performance, and suddenly takes Family and Medical Leave Act (FMLA) leave?
Here, we present a workplace scenario where the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) may both apply. Then we provide relevant information about each law and what advice should be given to the employer or what action should be taken regarding ADA and FMLA interplay.
By Richard J. Morgan, JD One of the challenging situations faced by HR professionals and the employers they work for is the differing standards under the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). Considering one of the laws without an analysis of the other and its effect on employment […]
By Sara Anne T. Quinn, JD Under Tennessee law, a former employee isn’t eligible for unemployment benefits if she left her most recent job voluntarily without good cause connected to her work. However, the law creates an exception to that rule (known as the “medical exception”) if the employee was forced to leave because she […]
By Edward O. Sweeney, JD Many employers know that they need not keep an injured or ill employee’s job open forever if the employee is absent for an extended length of time. After all, the Family and Medical Leave Act (FMLA) only requires that covered employers afford eligible employees a mere 12 weeks of unpaid […]
This article is part of a series that compares and contrasts various aspects of the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA).
By Susan Schoenfeld, JD For more information on these and other recent developments in state leave law, see the Family and Medical Leave Act (FMLA), sick leave, and maternity and pregnancy topic analyses for your state.
An employer may not terminate or otherwise discriminate against an employee in retaliation for engaging in an otherwise protected activity—for instance, making a discrimination complaint or participating in the investigation of a discrimination complaint.
By Sarah Caldwell Breslin, JD The U.S. Court of Appeals for the 7th Circuit—which covers Illinois, Indiana and Wisconsin—recently ruled that a Columbus (Indiana) teacher who claimed his contract wasn’t renewed for discriminatory reasons should have his Family and Medical Leave Act (FMLA) claims heard by a jury.
By Susan Schoenfeld, JD In an all-out blitz, the U.S. Department of Labor (DOL) has undertaken a number of efforts to encourage states and private employers to support paid leave. Included in those efforts: