DOL Makes the Case for Paid Leave
By Susan Schoenfeld, JD In an all-out blitz, the U.S. Department of Labor (DOL) has undertaken a number of efforts to encourage states and private employers to support paid leave. Included in those efforts:
Tag: leave policy
Proposed Paid Sick Leave Rule for Federal Contractors Published
By Susan Schoenfeld, JD The U.S. Department of Labor (DOL) has announced a proposed rule to implement Executive Order 13706, Establishing Paid Sick Leave for Federal Contractors. Executive Order 13706 was signed by President Barack Obama on September 7, 2015, and requires parties that enter into covered contracts with the federal government to provide covered […]
Ask the Expert: Sick Leave Policy Reduces Employee Commissions
We have an employee who has had excessive absences this year (over a dozen). All employees are given three sick days annually. Our policy says that if you (the employee) are absent with sick pay you will have 20% of your commission reduced. If you are absent but have no more sick pay accrual, you […]
FMLA: Termination Due to Restrictions During High-Risk Pregnancy
By Stephen W. Jones, JD The 8th Circuit—which covers Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota—recently held that presenting a doctor’s note to her employer entitled a pregnant employee to the protections of the Family and Medical Leave Act (FMLA), and the employer’s decision to fire her on the last day of […]
Record Retention and Disclosure Rules under ADA and FMLA
What records should employers keep about their employees in relation to the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA)? Who are employers permitted to disclose medical information to under each law?
When Is Termination Permitted Under Leave Laws?
This article is part of a series that compares and contrasts various aspects of the two laws.
Maternity Leave: Arizona Employer Fails to Deliver
By Jodi R. Bohr, JD The Family and Medical Leave Act (FMLA) creates two substantive employee rights: (1) to use a certain amount of leave for protected reasons and (2) to return to her job or an equivalent job after using protected leave. Employers are prohibited from interfering with an employee’s substantive FMLA rights or […]
Manufacturer Misrepresents Compliance with FMLA: Lessons for Employers
By Gregory J. Wartman, JD A Pennsylvania federal court recently ruled that an employee was ineligible for relief under the Family and Medical Leave Act (FMLA) because of the size of his employer and that he did not present sufficient evidence that his employer should be equitably estopped (prevented) from avoiding liability under the Act.
Maryland Court Clarifies Law on Alternate Position as Accommodation
By David M. Stevens, JD In a recent opinion, Maryland’s Court of Special Appeals reversed a trial court decision in favor of an employer that had terminated an employee who was unable to resume her duties following the expiration of her Family and Medical Leave Act (FMLA) leave.
ADA vs. FMLA: When Should You Offer a Light-Duty Position?
This article is part of a series that compares and contrasts various aspects of the two laws.