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Although the legal requirements of the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) are similar in some regards, at times an employer may find that the requirements of one law contradict the other, and the employer cannot comply with both laws. In these cases, it is important to know […]
By Mika Shadid Tucker, JD You must carefully consider the timing when you execute certain employment decisions that affect an employee who recently exercised her FMLA leave rights. Implementing a previously contemplated adverse employment action isn’t discrimination as long as the FMLA leave wasn’t a motivating factor.
By Susan Schoenfeld, JD In early 2016, the Wage and Hour Division of the U.S. Department of Labor (DOL) released an Administrator’s Interpretation addressing joint employment under the Fair Labor Standards Act (FLSA) and Migrant and Seasonal Agricultural Worker Protection Act (MSPA). In conjunction with this release, the DOL also issued a new fact sheet […]
My organization has its corporate headquarters in Connecticut and has 50 employees. However, the total company size is much larger (over 700 employees) with locations in several states. Do we have the option of not following the Connecticut leave law because we fall below the 75 employee threshold for coverage?
By Barbara J. Koenig, JD What can you do when an employee appears to be having mental issues, is performing poorly, has been warned about her substandard performance, and suddenly takes Family and Medical Leave Act (FMLA) leave?
Here, we present a workplace scenario where the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) may both apply. Then we provide relevant information about each law and what advice should be given to the employer or what action should be taken regarding ADA and FMLA interplay.
By Richard J. Morgan, JD One of the challenging situations faced by HR professionals and the employers they work for is the differing standards under the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). Considering one of the laws without an analysis of the other and its effect on employment […]
By Sara Anne T. Quinn, JD Under Tennessee law, a former employee isn’t eligible for unemployment benefits if she left her most recent job voluntarily without good cause connected to her work. However, the law creates an exception to that rule (known as the “medical exception”) if the employee was forced to leave because she […]
By Edward O. Sweeney, JD Many employers know that they need not keep an injured or ill employee’s job open forever if the employee is absent for an extended length of time. After all, the Family and Medical Leave Act (FMLA) only requires that covered employers afford eligible employees a mere 12 weeks of unpaid […]
This article is part of a series that compares and contrasts various aspects of the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA).