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Yesterday’s Advisor featured attorney Susan Shoenfeld’s summary of the changes in the new FMLA regulations; today, more detail on the new parental leave requirement under military exigency leave, plus an introduction to the all-HR-in-one website, HR.BLR.com. The Final FMLA rule makes four changes (or clarifications) to the listed qualifying exigencies, says Schoenfeld, Senior Legal Editor […]
Courts generally agree that an employee suffering from alcoholism has “a physical or mental impairment” — and, hence, a disability protected under the Americans with Disabilities Act. While an employer can deny employment to, discipline or discharge an alcoholic whose use of alcohol adversely affects job performance or conduct, ADA provides that an employee whose poor […]
The owner of a Comfort Inn & Suites franchise will pay $27,500 to settle claims that it discriminated against an employee because she was pregnant. The case reminds employers to keep in mind that the law prohibits discrimination against pregnant employees, and that employers may need to accommodate them. Ramin Inc., which owned a Comfort […]
Just what we were hoping for—more complicated regulations. The Final Rule, says Schoenfeld, which addresses family military leave and airline flight crew rules, will change the way in which covered employers administer family leave for servicemember caregivers and employees with family members in the military. Schoenfeld is a Senior Legal Editor on BLR’s human resources […]
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. Just what HR was hoping for—more complicated regulations. The […]
Two employers entered into settlement agreements with the U.S. Equal Employment Opportunity Commission in February after the federal agency alleged the companies had violated the Americans with Disabilities Act. Both employers, the commission said, fired employees who were entitled to leave as accommodations for their disabilities. The first involved Doneen King, an employee with the […]
Administering FMLA/CFRA leave can cause headaches even for the most organized of HR professionals. What are the legal notices the employer is required to provide? What can the employer ask the employee to provide and how much notice can be required? Does your organization know how to proceed when a leave request comes in?
Employers covered under the Family and Medical Leave Act must have the U.S. Department of Labor’s poster hanging by COB March 8. In February, the U.S. Department of Labor issued new regulations that implement and clarifiy amendments to expand military leave entitlements under the Family and Medical Leave Act. In addition, the final rule: (1) […]
True or False: An employer is free to fire a pregnant employee once she has exhausted all her leave under the Family and Medical Leave Act. The most accurate answer: It depends. The FMLA requires covered employers to provide up to 12 weeks of job-protected leave for the birth of a child. On the other […]
An employer may have to tolerate an employee’s constant tardiness if it is caused by a disability, the 2nd U.S. Circuit Court of Appeals indicated March 4 in McMillan v. City of New York, No. 11-3932 (March 4, 2013). The court remanded the case to the U.S. District Court for the Southern District of New […]