Practical HR Tips, News & Advice. Updated Daily.
By Lisa Berg, Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A. The U.S. 11th Circuit Court of Appeals—which covers Alabama, Florida, and Georgia—recently had to decide whether Dollar General violated the Family and Medical Leave Act (FMLA) or the Americans with Disabilities Act (ADA) when it terminated an employee based on its discovery during her […]
We have an employee that is a member of the Army National Guard. He is considering applying for an Active Duty position within the Guard. If he applies for this position and he is approved for voluntary active duty while still employed with us, will the USERRA guidelines still apply?
Sounds like the beginning of a bad joke, right? A decision by a federal district court in Minnesota provided a punch line and it turns out it’s not so funny. According to the court in Fries v. TRI Marketing Corp., an employee can claim Family and Medical Leave Act (FMLA) protection when two health conditions […]
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.
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 […]
We have an employee whose wife has a serious, chronic health condition. He has approved intermittent FMLA. We are suspicious of FMLA abuse–that he is taking advantage of it and uses his wife as an excuse for all of his absences, which are frequent. Can we ask for a doctor’s note each time he has […]
I understand that the final rule requires compliance on a weekly basis to ensure exempt employees are paid at least $913 per week. How is this impacted by exempt employees on unpaid leave or short-term disability with reduced earnings (i.e. 60% of base pay)? I would imagine that we wouldn’t be required to adjust their […]
The Family and Medical Leave Act (FMLA) allows eligible employees to take up to 12 workweeks for leave during any 12-month period in order to care for a spouse, son, daughter, or parent with a serious health condition—or for a serious health condition of their own. But what constitutes a “serious health condition” under the […]
By Kate McGovern Tornone, BLR Editor Current and accurate job descriptions are your best defense to Americans with Disabilities Act (ADA) claims, speakers told attendees at the Society for Human Resource Management’s (SHRM’s) annual conference.
I have a question regarding taking leave for an adult son. An employee’s son has to have back surgery. He is not incapable of self-care (has a full time job, etc). However, after the back surgery he is going to need help with his recovery. Will this fall under the FMLA for her to take […]