Archive for the 'Employee Leave' Category
by Jim Brown and Marc Koonin
Companies with employees working in California must always remain mindful of the state’s protectionist wage and hour laws. You must always comply with federal standards and all California laws that provide greater protections for employees than the federal requirements. Failure to do so might be an unwelcome invitation to a [...]
Posted in Break Time, California, Classifying Workers, Employee Leave, Exempt Employees, Minimum Wage, Non-exempt Employee, On-call Time, Overtime, Paid Time Off, State Laws, Termination, Travel Time, Vacation, Wage and Hour by: California Employment Law Letter
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by Lauren E. Moak
The Third U.S. Circuit Court of Appeals recently decided an issue previously unresolved by the court. In doing so, it held that a combination of medical evidence and lay testimony is sufficient to show an employee was “incapacitated” as defined by the Family and Medical Leave Act (FMLA). The decision overturned the [...]
Posted in Absenteeism, Delaware, Employee Leave, FMLA, FMLA Leave, Sick Leave, Termination by: Delaware Employment Law Letter
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by Brian Burbrink
According to the National Institute on Alcohol Abuse and Alcoholism, 17.6 million people — about one in 12 adults — abuse alcohol. Based on the statistics, odds are good that one or more of your employees suffers from alcoholism and may need treatment. The case illustrations below provide insight into avoiding liability under [...]
Posted in ADA, ADA Accommodation, Absenteeism, Disability Discrimination, Discipline, Employee Leave, FMLA, FMLA Leave, Indiana, Retaliation, Termination, Workplace Discrimination by: Indiana Employment Law Letter
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The Sixth U.S. Circuit Court of Appeals (which covers Kentucky, Michigan, Ohio, and Tennessee) recently addressed whether an employer could terminate an employee who met the requirements for Family and Medical Leave Act (FMLA) leave but, by virtue of his behavior during the leave, revealed that he actually was able to work.
Posted in Discipline and Employee Misconduct, Employee Leave, FMLA, FMLA Leave, Termination, Workplace Investigation by: Kentucky Employment Law Letter
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In today’s world of corporate belt-tightening and budget cutbacks, you might find yourself wondering whether the expense of an HR staff is actually justified by the benefits. After all, HR doesn’t create revenue for the company — it doesn’t operate the machinery that produces the widgets, and it doesn’t drive sales.
In fact, the perception might [...]
Posted in ADA, ADA Accommodation, ADA Amendments Act, Age Discrimination, COBRA, Disability Discrimination, Document Retention, EEOC, Employee Leave, FMLA, Fair Pay Act, GINA, Maine, Performance Evaluation, Race Discrimination, Retaliation, Sex Discrimination, Sick Leave, State Laws, Supervisor Training, Termination, Wage and Hour by: Maine Employment Law Letter
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by Charles S. Plumb
Understanding and applying the rules of the Family and Medical Leave Act (FMLA) causes employers and HR professionals untold frustration — frustration that’s heightened by employees who unfairly take advantage of the Act and its complexities. Here are some practical suggestions for enforcing the FMLA and cutting down on FMLA abuse in [...]
Posted in Absenteeism, DOL, Discipline, Documentation, Employee Leave, FMLA, FMLA Leave, HIPAA, Oklahoma, Supervisor Training by: Oklahoma Employment Law Letter
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The Supporting Military Families Act of 2009 was introduced in both houses of Congress in late July 2009. A mere three months later — on October 28 — it was signed into law as part of the defense funding bill for 2010. The legislation expands the circumstances in which employees may take both qualifying exigency [...]
Posted in Employee Leave, FMLA, FMLA Military Leave, Utah by: Utah Employment Law Letter
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by Emily Hobbs-Wright
Employers that have a policy of automatically terminating employees who fail to return to work after they’ve exhausted their workers’ compensation leave need to be aware that such a policy puts them at risk of a class-action lawsuit under the Americans with Disabilities Act (ADA). Read on to learn more about the largest [...]
Posted in ADA, ADA Accommodation, Colorado, Disability Discrimination, EEOC, Employee Leave, FMLA, Workers Compensation by: Colorado Employment Law Letter
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by Christine Kenny
Calculating whether an employee has worked 1,250 hours in the past year to qualify for leave under the Family and Medical Leave Act (FMLA) seems like a straightforward enough task. But is it really? With flextime arrangements and employees working overtime or putting in for “comp” time, calculating the 1,250-hour requirement can be [...]
Posted in ADA, Employee Leave, FLSA, FMLA, FMLA Leave, Pennsylvania by: Pennsylvania Employment Law Letter
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As we celebrate Veterans Days this week and honor the men and women who have served the United States in military service, it’s a good time for employers to recognize their employees who are citizen-soldiers and are beginning to come home — as well as other employees who continue to join reserve units or the [...]
Posted in Discrimination and Harassment, Employee Leave, FMLA, FMLA Military Leave, Military Leave, USERRA, West Virginia by: West Virginia Employment Law Letter
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