Archive for the 'Employee Leave' Category

10 Things HR Needs to Know about California Wage and Hour Laws

September 2, 2010 at 9:00 pm by: California Employment Law Letter

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 [...]

Medical Evidence, Lay Testimony Sufficient to Prove FMLA Claim

May 13, 2010 at 7:56 pm by: Delaware Employment Law Letter

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 [...]

Alcoholism and ADA, FMLA Liability:What Employers Need to Know

April 8, 2010 at 9:00 pm by: Indiana Employment Law Letter

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 [...]

Employer May Terminate Employee Who Misrepresented Need for FMLA Leave

March 18, 2010 at 9:04 pm by: Kentucky Employment Law Letter

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.

Making the Case for Keeping HR

March 4, 2010 at 9:00 pm by: Maine Employment Law Letter

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 [...]

Riding Herd on FMLA Abuse

February 4, 2010 at 9:10 pm by: Oklahoma Employment Law Letter

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 [...]

Pending Federal Legislation Would Create New Leave Mandates for Employers

January 8, 2010 at 9:00 am by: Utah Employment Law Letter

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 [...]

Inflexible Return-to-Work Policy is Risky Business

December 30, 2009 at 12:08 pm by: Colorado Employment Law Letter

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 [...]

Calculating the FMLA’s 1,250-Hour Mark for Eligibility

December 11, 2009 at 1:58 pm by: Pennsylvania Employment Law Letter

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 [...]

USERRA: Do the Right Thing for the Right Reasons for Employees in the Military

November 13, 2009 at 11:57 am by: West Virginia Employment Law Letter

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 [...]