Tag: leave

COBRA

Ask the Expert: COBRA Quandary

Question: I just found out that a former employee near the end of his COBRA election period was in an accident and is currently incapacitated. What are my options administratively if the election period ends and he has not yet elected COBRA coverage?

Kentucky

Was Attendance an Essential Job Function for AT&T Customer Service Rep?

An AT&T customer service representative (CSR) recently filed a lawsuit against her employer citing disability discrimination, but the employer, citing attendance as an essential job function of her position, claimed she was terminated for her frequent absences. Was the employee discriminated against? The 6th Circuit Court of Appeals—which covers Kentucky, Michigan, Ohio, and Tennessee—has the answer.

Texas

FMLA: Employees Can’t Change Facts to Fit Different Claims

The U.S. 5th Circuit Court of Appeals (which covers Louisiana, Mississippi, and Texas) recently affirmed the dismissal of a former employee’s Family and Medical Leave Act (FMLA) retaliation claim. The court’s decision and reasoning provides further guidance to employers on the employee notice requirement under the FMLA and is likely to prove useful to employers defending FMLA and other federal claims.

People Notice When You’re Gone: Absent Employee’s Work Scrutinized

The U.S. Court of Appeals for the 6th Circuit—which covers Kentucky, Michigan, Ohio, and Tennessee—recently overturned a jury verdict in favor of an employee who claimed she was retaliated against for exercising her right to take leave under the Family and Medical Leave Act (FMLA). The court found that the employer had flawed but still […]

flourishing

Using Company Culture to Shift the Employee Mindset from Job to Career

Numerous articles explain how company culture changes the way employees operate, and have been largely based on speculation and personal opinion—until now. In December 2016, a study conducted by IZA World of Labor showed that happy and motivated workers are more productive in the workplace. In addition, Surrey Business School released a study that claimed people’s energy towards their colleagues has a major influence on how likely they are to leave their job voluntarily.

Massachusetts

No FMLA Bias in Termination of Letter Carrier, 1st Circuit Rules

The U.S. Court of Appeals for the 1st Circuit—which covers Maine, Massachusetts, New Hampshire, and Rhode Island—recently ruled in favor of the U.S. Postal Service (USPS) after it terminated an injured letter carrier who was out on leave. Although the employer escaped liability in this case, the facts clearly reveal that it wasn’t for lack […]