Practical HR Tips, News & Advice. Updated Daily.
By Kate McGovern Tornone, Editor When an employee needs a medical leave of absence, your first thought may be “FMLA.” But there’s more to the story: often, the Americans with Disabilities Act (ADA) is implicated right along with the Family and Medical Leave Act (FMLA). And employers need to know exactly what each law requires.
My question regards a probationary employee called to active duty. We have an employee who is serving a 9-month probationary period who was called to active duty for 2 years. By law, do we have to make them a permanent employee? Or do extend the probation and upon her/his return have the employee complete their […]
By Amy McLaughlin, JD, Dinse, Knapp & McAndrew As an employment lawyer, the first question I ask clients who are dealing with a challenging personnel matter is what type of documentation exists. Why? Because in the world of employment litigation, documentation is king!
In previous installments of this article series, we’ve covered employers’ Family and Medical Leave Act (FMLA) notice obligations to employees, but what are employees’ obligations to their employers if they are taking leave?
We have an employee who was on an approved FMLA for child bonding for about 2 ½ months. During this time, he worked about 10 hours. His occupation is IT, so he was “on call” while he was off so he could work whenever he was needed. I am reluctant to ding his vacation accrual […]
California’s governor vetoed a bill September 30 that would have granted 6 weeks of “parental leave” to some employees in the state. Governor Jerry Brown (D) said in a letter to lawmakers that he was particularly concerned about the impact the law would have on small businesses.
An employer is facing a lawsuit after telling employees that the next person to get pregnant should stay home and consider herself fired.
As covered in the last installment of this series, every employer covered by the Family and Medical Leave Act (FMLA) is required to post an FMLA general notice explaining the FMLA’s provisions and other various U.S. Department of Labor (DOL) forms and notices. The following article discusses the proper ways to deliver notices.
By Gregory J. Wartman, Saul Ewing LLP A Pennsylvania federal court recently ruled in favor of an employee who was terminated after taking leave to care for her sick parents. The court ruled that an employee does not have to use magic language in requesting Family and Medical Leave Act (FMLA) leave and rejected the […]
We have an employee who would like to take FMLA leave to care for his father who has been diagnosed with cancer. Does the employee have to be deemed his father’s “primary caregiver” in order to use FMLA for this purpose?