Practical HR Tips, News & Advice. Updated Daily.
By Bradley Bakker, JD An employee alleging interference and retaliation under the Family and Medical Leave Act (FMLA) needs more than a single doctor’s visit to raise a viable claim against his employer.
We have an employee who we believe has a prescription drug problem. We have confronted him twice over the past year and he had denied it. Can we force him to go to rehab in order to keep his job?
In this article series comparing and contrasting various aspects of the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA), we have covered exceptions to both laws such as disqualifying events, undue hardship (ADA only) and certain situations regarding substance abuse.
We have a warehouse employee who has exhausted all of her FMLA for this calendar year. She was released to return full time with a light duty restriction of only being able to lift 10 pounds. We have not had enough work to give her due to the restriction so she’s only been working 20 […]
How is employee substance abuse handled under the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA)? Is alcoholism protected under both laws? What about illegal drug use?
By Susan Schoenfeld, JD The holidays are filled with cheer and oftentimes, many days of holiday leave. So what happens when FMLA leave and the holidays coincide? Does FMLA leave “count” during a work holiday?
By Shelley I. Ericsson, JD The purpose of the FMLA is to allow an employee to manage a serious health condition (his own, a spouse’s, or a family member’s) without fear of losing his job. An employer cannot interfere with an employee’s FMLA rights or take action that appears to be penalizing the employee for […]
The term “undue hardship” refers to unreasonable or excessive expense or inconvenience that would be necessary on the part of an employer to accommodate an employee. Undue hardship is an exception to the employer’s obligation to provide reasonable accommodation.
We have an exempt employee going out on FMLA for about 7 weeks. The employee currently has remote access and can work from home. Are we violating FMLA if we allow this exempt employee to have access to emails and his virtual desktop or should we get a doctor’s release that says the employee can […]
By Jessica Arnold, JD The 3rd Circuit— which covers Delaware, New Jersey, and Pennsylvania—recently affirmed the dismissal of a former employee’s retaliation claim under the Family and Medical Leave Act (FMLA), finding the employer’s approval of his request for intermittent leave at the time of his discharge was insufficient to establish a causal connection between […]