Tag: Leave Management

$110K Penalty Shows: Alcoholism is an ADA-protected Condition

Employers, pay heed. A recent court outcome — and hefty monetary award for the employee — reiterate the fact that alcoholism is a disability protected under the Americans with Disabilities Act. Following a five-day trial a federal jury in Pennsylvania awarded more than $109,000 to a cook whose rights, it found, had been violated when […]

Plaintiff’s Attorney Fined for Withholding Evidence in ADA Suit

An employee’s attorney must pay $5,000 for omitting important information in an Americans with Disabilities Act lawsuit, the 6th U.S. Circuit Court of Appeals ruled. In Kempter v. Michigan Bell Telephone Co. , No. 13-1036 (6th Cir. Aug. 26, 2013), the plaintiff’s attorney failed to mention that that his client, Cathie Kempter, had been permanently restricted […]

Curb FMLA Abuse through Training Supervisors and Coworkers

FMLA abuse is a frustration for many employers. How can an employer continue to provide employees their protected leave while reducing the chances that it will be used improperly? One way that employers can reduce FMLA abuse is training. By properly training both supervisors and coworkers about how FMLA works, the employer increases the number […]

Using Call-In Policies to Prevent FMLA Abuse

Potential FMLA abuse is one of the biggest concerns employers face while administering FMLA leave. One way employers have found to combat FMLA abuse is to have a specific call-in policy outlined and consistently followed. Using Call-In Policies to Prevent FMLA Abuse Having a written call-in policy is the first step, but a policy alone […]

EEO-1 Report Due September 30: What Must be Included?

What is an EEO-1 Report? “It is the annual report that provides information on employees by ethnicity, race, gender, and job category.” Richele K. Taylor explained in a recent BLR webinar. The EEO-1 report is essentially an employee census listed by ethnic/race category and by gender. It must be submitted to the EEOC’s Joint Reporting […]

Teach Your Trainers How to Engage Uninterested Managers

The information in today’s Advisor is adapted from the Ask the Editor service at hr.blr.com. The training question is, “How do you get uninterested managers to participate in a training session?” Here is how our training expert responded: Provide need-to-know information and create a dynamic learning environment, says Dr. Earl Taylor, a former master trainer […]

FMLA Leave: Expert Answers Employer’s Questions

Administering FMLA leave is not always a simple task. Sometimes even the simplest questions become complex, such as how long is a week of FMLA leave when it’s taken in hours instead of in a full block of time? Do FMLA medical certifications expire? What certification can be requested when an employee is taking FMLA […]

Employee Who Left Drug Rehab Not Entitled to ADA, FMLA Protections

An employee who abused drugs and then failed to complete a rehabilitation program was not entitled to job protection by the Americans With Disabilities Act or the Family and Medical Leave Act, the 5th U.S. Circuit Court of Appeals ruled. ADA does not protect illegal drug users who are not seeking treatment, and FMLA does […]

Dr. Summeroff, Meet Dr. Winteroff and Dr. Deer (Readers Respond)

‘We Get Dr. Winteroff’ Steve, we often get Dr. Summeroff’s cousin, Dr. Winteroff to deal with. We have a sales group who often take leave immediately following a month when they have not met their sales goal because they know they will be placed on a performance plan when they have fallen short of their […]

Two Case Studies on USERRA—Who Wins?

In yesterday’s Advisor, Attorney Matthew Effland outlined the basic requirements of USERRA (Uniformed Services Employment and Reemployment Rights Act); today, two USERRA case studies plus an introduction to the guide many call the “FMLA Bible.” Case Study 1: John Falsifies Paperwork The facts: John is a supervisory employee at a delivery company and is a […]