Tag: compliance
FMLA Notices at a Glance
Determining Joint-Employer Liability under the FMLA
By Ryann E. Ricchio, Faegre Baker Daniels Disputes over joint employment have recently appeared before both the National Labor Relations Board (NLRB) and the federal courts. A new decision from the U.S. 7th Circuit Court of Appeals—which covers Illinois, Indiana, and Wisconsin—dealt with the issue of joint employment under the Family and Medical Leave Act […]
Ask the Expert: Is Employee Entitled to Leave for Infertility Treatments?
An employee is claiming that they are unable to perform an essential function of their job due to infertility treatments and may potentially need to miss work as a result. How should this be treated under FMLA, ADA, and/or the Pregnancy Discrimination Act (PDA)?
ADA and FMLA Compared: What Postoffer Inquiries and Examinations Are Allowed?
This article series examines similarities and differences between the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) so that you can stay in compliance when both laws apply. Here, we compare what types of postoffer inquiries and examinations are permitted under each law.
What the Supreme Court’s Same-Sex Marriage Decision Means for FMLA (and beyond)
By Susan Schoenfeld, JD In late June, in Obergefell v. Hodges, the U.S. Supreme Court held that the 14th Amendment of the U.S. Constitution requires states to license a marriage between two people of the same sex, and to recognize a marriage between two people of the same sex when their marriage was lawfully licensed […]
More Results from the 2015 Employee Leave Survey
The results of our 2015 Employee Leave Survey are in and reveal that 99.4% of participants offer some form of time off to employees (marginally up from 98.9% in 2014). Here are a few more highlights of the survey: Personal Leave Sometimes called small necessities leave, personal days are offered by 29.7% (30% in both […]
The Skinny on Interviewing Candidates with ADHD
In yesterday’s Advisor we discussed some of the implications of interviewing candidates who might have ADHD. Today we’ll look at what you can and cannot do during an interview before and after an offer is made. See yesterday’s article for more information on the symptoms of Attention Deficit Hyperactivity Disorder (ADHD), as well as considerations […]
FMLA Leave: Is Employee Protected If Employer Fails To Designate?
By Lynn Mueller, Felhaber Lawson Once an employee gives her employer notice that she’s requesting leave under the FMLA, the employer cannot escape liability for discrimination by merely approving the leave but skipping the paperwork designating the leave as FMLA-protected.
Ask the Expert: Is Our Policy for Substituting Paid Leave for FMLA OK?
My understanding is that employers may not require employees to use paid leave not yet available. At my company we make employees use all but 5 vacation days before taking unpaid FMLA leave. Are we violating anything by doing this?