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California employers administering a leave of absence – be it for PDL, FMLA, or CFRA leave – have to be sure they understand which laws apply in any given circimstance. For example, which of the laws cover baby bonding time? Can that time be taken intermittently? What happens when an employee out on PDL has […]
While the Americans with Disabilities Act may require an employer to remove marginal job functions as an accommodation for an employee with a disability, it does not require the reassignment of all duties. An employee who can do nothing but show up for work is not qualified for ADA’s protections, a recent opinion from the 5th […]
by Amanda Shelby The U.S. Department of Labor’s (DOL) recently issued Family and Medical Leave Act (FMLA) regulations became effective on March 8. Although the new regulations don’t radically change the landscape of the FMLA, they do contain some significant modifications. What do you need to know to ensure that your policies and practices are […]
Medical certification rules are designed to help employers verify whether a requested leave of absence is covered under the FMLA/CFRA. But simply asking the employee to return the medical certification does not always answer that question. For example, what medical certification should employers require for serious health conditions that are incurable—and how often can recertifications […]
Employees are having a particularly difficult time bringing class action suits that invoke the Americans with Disabilities Act, according to experts, and a recent case involving Wendy’s employees is no exception. The nature of ADA — particularly its individualized analysis requirements — makes class actions alleging disability discrimination less likely to succeed than those alleging […]
It was a surprise birthday party for the Family and Medical Leave Act (FMLA), says Susan Schoenfeld, JD. On February 5, 2013, exactly 20 years after the FMLA was signed, the U.S. Department of Labor (DOL) issued a Final Rule ahead of the planned regulatory schedule.
Employers need to know what distinguishes a professional courtesy — let’s say having an occasional job-related phone discussion with an employee on leave — from crossing the line and interfering with an employee’s rights under the Family and Medical Leave Act. In other words, you as employer need to inform your employees about the parameters […]
Administering FMLA/CFRA leave can be frustrating, especially when abuse of the system is suspected. What can employers do to curb FMLA/CFRA leave abuse? Here are 7 practical steps employers can take.
When an employee does not perform well and a manager needs to put something in writing, whether for a performance review or between evaluations, attorney Marie Burke Kenny recommends keeping two acronyms in mind: CONTACT and SMART. Kenny, appearing again in today’s Advisor courtesy of California Employer Resources®, is an experienced employment law attorney in […]
Yesterday’s Advisor featured attorney Allison West’s take on bullying in the workplace. Today, her guidance for dealing with the bully, plus an introduction to the all-compensation-in-one-place website, Compensation.BLR.com. West, who is principal at Employee Practices Specialists in Pacifica, CA, delivered her suggestions for dealing with bullying in the workplace at the SHRM Employment Law and […]