Practical HR Tips, News & Advice. Updated Daily.
Most employees in the United States are employed “at will,” which simply means that either the employee or the employer can end the employment relationship for any legal reason, or no reason at all, at any time. The law at the federal level has no requirement of giving a particular notice period when terminating a […]
As HR professionals know, the Family and Medical Leave Act (FMLA) leave is one of the most confusing and complex areas of employment law. There are many aspects of leave management that can be legal landmines for employers who don’t administer leave or communicate their policies effectively. Speaking to an audience of employers and HR […]
by Amanda M. Jones Disability discrimination claims are increasing in Hawaii. Case in point: A Hawaii employee sued his employer for disability discrimination even though the employer provided a year’s worth of medical leave and agreed to transfer the employee to a different position to accommodate his heavy lifting restriction. A Hawaii judge recently dismissed […]
It may start with the alarm clock ringing a little too stridently one workday morning. Or, it could happen when you’re staring at another work assignment and failing to muster enthusiasm. Or, it’s the day you say to yourself, “I just can’t do this anymore.”
Employees may bring two types of Family and Medical Leave Act (FMLA)-related claims against their employers: first, interference with their rights under the FMLA, and, second, retaliation against them for requesting time off under the FMLA, exercising rights under it, or making a claim.
Employers do not have to ignore misconduct discovered during—or even because of—an employee’s medical leave, the 3rd U.S. Circuit Court of Appeals—which covers Delaware, New Jersey, and Pennsylvania—has ruled, joining several other circuits.
Question: We have an employee on short-term disability (STD) with a doctor’s note stating he is not fit to return to work. However, we have recently learned the employee is performing work around his farm. Is there anything we need to be doing differently administratively?
An employee can proceed with his retaliation lawsuit because he was able to show that he was furloughed 2 days after requesting leave—and that he was the only employee subject to that action, a federal district court has ruled.
Any time there is a change in leadership, is it asked: What will this mean? What will a new administration mean for employment law? What about taxation? What about employee benefits?
Question: We are looking for information regarding medical benefits when someone is out on leave under the FMLA. We understand that the eligible employee’s job is protected while out under the FMLA, and that they are able to make payments on their medical benefits while out on leave. If an employee exhausts all of his […]