FMLA, Termination and the ADA: From the Archive

I am helping a client deal with a FMLA situation. It is causing them a great deal of heartburn, which reminded me how difficult dealing with the Family and Medical Leave Act is. Thus I wanted to republish this post from earlier this year to perhaps answer some questions. Thanks to Jeff Nowak for being …

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HR manager can be held personally responsible for FMLA interference

Dragging your feet in responses to employees can land you in significant “hot water”. A New York federal court found an HR manager personally responsible for how an employee was dealt with in an FMLA case. Lack of response Initially in this case the HR manager did provide the employee with FMLA instructions for dealing …

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FMLA, Termination and the ADA

Two of my favorite attorneys have produced articles about working with employees who are on FMLA leave. They both point out that FMLA decisions can be difficult ones and often the wrong decision can cost a company financially. Can you fire? The question that Daniel Schwartz asked in his post was “If an employee doesn’t …

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Six blog posts every HR person and business owner should read

I have an admission to make. I enjoy reading what lawyers write. Not all of them, but three lawyers in particular. They make this “lawyer stuff” interesting. I read many more than these three, but they in particular make it fun. I have selected two posts from each lawyer that I think present information that …

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3 HR-Approved Gifts to Give Expectant Employees

Today’s post is brought to you by SocialMonsters.org Forty-seven percent of working women are afraid to tell their boss they’re pregnant, according to a poll by Care.com. The poll didn’t reveal men’s workplace anxiety about becoming fathers, but there are plenty of reasons why expectant parents of both genders might be stressed — including fears …

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Five Employment law highlights from around the country

Here are a few notable tidbits I came across as I was scanning news stories and blogs. The $15 an hour minimum wage trend picks up some steam as Los Angeles votes to raise the minimum wage to $15 per hour in increments until it tops $15 in 2020. Small businesses (under 25 employees) will …

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Will your unlimited vacation policy run afoul of the law?

One of the more talked about trends in employee relations and new ways of working is unlimited vacation. Touted as the best way to treat employees unlimited vacation supposedly focuses on productivity rather than time. As long as an employee has their assignments done they can take off any amount of time they desire. It …

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The “new” rule for who is a spouse

As I have told classes and blog post readers the changing nature of relationships in the US will alter the framework and definitions we have in the workplace. Up to this time those changing definitions only applied to some states and to federal contractors under Executive Orders administered by the OFCCP. As of February 25, …

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Did you know that having a migraine headache qualifies an employee for FMLA coverage?

I happen to know several people that suffer from migraine headaches. They can be a major annoyance all the way to a debilitating condition. Some people just cannot function when such an attack occurs. Turns out they can also be a major pain for employers if they do not deal with them correctly. As my …

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Proposed changes to the FMLA redefine “spouse”

On June 27 the U.S. Department of Labor published a Notice of Proposed Rulemaking that will alter the Family and Medical Leave Act. This is something that everyone who has over 50 employees must pay attention to and be prepared to make the appropriate changes. Major features of the notice According to the USDOL announcement …

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