Tag: leave

Not His Job, But He Did It Anyway

Yesterday I flew to New Orleans to attend SHRM’s 2017 Annual Conference & Exposition. Professionally I am an editor. But when I am not working, and sometimes when I am, I am a consumer. To say that I am a hard sell is an understatement. In fact, 99.9% of the time I do not buy […]

Bereavement Leave Considerations

Employers are in a delicate situation when an employee needs to take bereavement leave—not only must they deal very sensitively with the employee who has suffered a loss, but they also must be sure to handle the situation in a way that is both fair (to all employees) and flexible (since each situation may be […]

joint employer

Joint Employment and the FMLA: Which Employer is Responsible?

When a staffing agency and a client both exercise control over an employee, the staffing agency is usually considered the primary employer for Family and Medical Leave Act (FMLA) purposes, according to the U.S. Department of Labor (DOL). As one recent court decision shows, however, that’s not always the case.

FMLA

Practical Guidance from Recent FMLA Abuse Cases

In a recent opinion, the 4th Circuit held that an employee failed to show that his former employer’s stated reason for discharging him was a pretext, or excuse, for retaliation based on his use of leave under the Family and Medical Leave Act (FMLA).

furlough

FMLA Training Scenario: Reduction in Force During Leave

Here we present a leave-related workplace scenario—inspired by an actual court case—that’s intended to help HR professionals better understand an employer’s responsibilities under the Family and Medical Leave Act (FMLA).  In this scenario, an employer mistakenly violates its own internal policy of not laying off employees while they are on leave and eliminates the position […]

bad performance

FMLA Training Scenario: Performance Issues Discovered During Leave

Here we present a leave-related workplace scenario—inspired by an actual court case—that’s intended to help HR professionals better understand an employer’s responsibilities under the Family and Medical Leave Act (FMLA).  In this scenario, when an employee went on leave, her coworkers learned that she was not executing important administrative tasks related to her position.  Based […]