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Question: We have an employee who works in our accounting department who will soon be returning from maternity leave. During her absence, we found a great number of errors in her work. We do not want to put her back in the same position as her errors have cost the company a significant amount of […]
By Dave Johnston, JD, Sulloway & Hollis P.L.L.C. Recently, the New Hampshire Supreme Court invalidated a New Hampshire Department of Labor (NHDOL) regulation that states part-time employees who are injured at work are ineligible for the reinstatement protections afforded by certain statutory provisions of New Hampshire’s workers’ compensation law.
Do employees have a right to reinstatement to their previous position upon return from Family and Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA) leave? What are the exceptions to reinstatement under each law?
Effland, a shareholder at the Indianapolis office of Ogletree Deakins PC, says that USERRA (Uniformed Services Employment and Reemployment Rights Act) offers two essential rights, the right to take leave, and the right to return. The basics of the law are: Coverage: Virtually all employers, regardless of the number of employees. Eligibility: Virtually all employees […]
“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.