Tag: unpaid leave

EEOC Guidance for Employer-Provided Leave as a Reasonable Accommodation Under the ADA

By Norasha L. Williams, JD, Cozen O’Connor Quite possibly as a direct consequence of what the Equal Employment Opportunity Commission (EEOC) describes as a “troubling trend” in the prevalence of employer policies denying or restricting the use of leave as a reasonable accommodation, the Commission recently issued guidelines emphasizing the necessity to offer leaves of […]

Alcoholism and how USC may have violated ADA by firing Steve Sarkisian

On October 12, 2015, Steve Sarkisian was fired as  head coach of the University of Southern California (USC) football team. While USC contends Sarkisian was fired for “cause,” there is no question that his alcohol-related behavior led to his termination. Whether the termination was or was not properly for “cause” is relevant, in part, because […]

Men don’t [take] leave

At least that’s what former NFL quarterback Boomer Esiason and radio talk show host Mike Francesa believe. Their critical comments of New York Mets second baseman Daniel Murphy, particularly those made by Esiason, recently created a storm of controversy that extended beyond just the sports world. Murphy missed the first two games of the 2014 […]

Another New Leave of Absence for Canadians?

By Ralph N. Nero and Fida Hindi Canadian employees are entitled to all sorts of leaves – maternity leaves, parental leaves, sick leaves, emergency leaves, leave for the disappearance of a minor child, and the list goes on. Now Ontario may be joining Quebec by creating yet another new category of leave of absence for […]

Ask the Expert: A few years ago, we hired our 50th employee and updated the handbook to include FMLA. We just went down to 49 employees. Do we update the handbook again?

December 17, 2010 Determining whether an employer has 50 employees for purposes of the FMLA can be complex. As you are aware, under the FMLA regulations, an employer covered by FMLA is any person engaged in commerce or in any industry or activity affecting commerce, who employs 50 or more employees for each working day […]

White House Expands Domestic Partner Benefits

President Barack Obama recently issued a memo directing federal agencies to extend benefits to the same-sex domestic partners of federal employees to the extent permitted by current law. The memo begins: For far too long, many of our Government’s hard-working, dedicated LGBT employees have been denied equal access to the basic rights and benefits their […]

Calculating How Much FMLA Leave an Employee Has Available

As we all know, the Family and Medical Leave Act (FMLA) requires covered employers to provide eligible employees with 12 weeks of unpaid leave during a 12-month period. Employers are allowed to define the 12-month period any way they wish — much like they are entitled to define the seven-day period that comprises a workweek […]

Managing Employee Health Insurance Premiums under Revised FMLA Regulations

When an employee takes unpaid Family and Medical Leave Act (FMLA) leave, how do you legally manage his share of premiums for group health care coverage under the new FMLA regulations? What are the potential liabilities, and how can you avoid them? What are an employer’s rights? The answers to those questions are provided below. […]

Cutting Corners When Cutting Employee’s Hours Can Cost Employers

As surely as the word “layoffs” have become part of nervous break room conversations in companies across the country, enterprising employers have sought out creative alternatives to the standard layoff regime of cost-cutting. Using tactics such as hiring freezes, offers of unpaid leave, shortened workweeks, and even pay cuts, employers may be able to avoid […]