Can You Get Sued Over Improper Leave Administration?
Can you get sued over improper leave administration? The short answer is yes, but it usually requires either mistreatment, discrimination, or a perception of such.
Tag: leave policy
Workers’ Comp Basics
Workers’ compensation laws have come about as a way to establish a means of compensation for injured employees while simultaneously reducing the amount of litigation against employers when employees are injured on the job. The workers’ compensation laws are administered on the state level, and the federal government has its own separate program. Workers’ compensation […]
What Does At-Will Employment Really Mean?
At-will employment is something most U.S.-based employers are familiar with. But what does this term really mean? Can an employer actually terminate an employee without any reason at all? What are the exceptions?
Pros and Cons of Noncompete Agreements
A noncompete agreement is an agreement between an employer and employee that the employee will agree to not work for a competitor immediately after leaving employment with the current employer.
Mental Illness and the Workplace: How Might DSM-5 Changes Affect You?
Ever heard of DSM-5? It’s the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition. It is the latest update to the American Psychiatric Association’s classification and diagnostic tool. This update was published on May 18, 2013 and includes some significant expansions to definitions of a few mental disorders. “This is the diagnostic manual that […]
Win-Win Approach to “Unplanned” FMLA Leave
Yesterday’s Advisor offered the first three of attorney Stacie Caraway’s tips for avoiding Family and Medical Leave Act (FMLA) abuse. Today, the rest of her tips, plus an introduction to the unique guide just for smaller HR departments—HR Department of One. Caraway, who is a member of Miller & Martin PLLC in the Chattanooga office, […]
Watch Out—FMLA Certs Are Like a Pre-Nup
If you don’t take advantage of your Family and Medical Leave Act (FMLA) tools, and you don’t do all you could or should do, you have only yourself to blame when there’s abuse, says attorney Stacie Caraway. Caraway, who is a member of Miller & Martin PLLC in the Chattanooga office, offered six tips for […]
Two Case Studies on USERRA—Who Wins?
In yesterday’s Advisor, Attorney Matthew Effland outlined the basic requirements of USERRA (Uniformed Services Employment and Reemployment Rights Act); today, two USERRA case studies plus an introduction to the guide many call the “FMLA Bible.” Case Study 1: John Falsifies Paperwork The facts: John is a supervisory employee at a delivery company and is a […]
HR’s Response to Leave Issues? Bewilderment
“In all the jurisdictions I’ve practiced in, the general reaction to leave issues is bewilderment,” says Attorney Matthew Effland. In a recent presentation at SHRM’s Annual Conference and Exposition in Chicago, Effland clarified the particularly confusing issue of military leave.
When is a Chronic Illness a Disability?
An employee with chronic illness may actually be an employee with a disability. If so, this triggers all the rights and responsibilities outlined in the Americans with Disabilities Act (ADA). As such, employers need to be cognizant that an employee requesting leave to handle an aspect of a chronic illness may actually be entitled to […]