by Lauren E.M. Russell
The U.S. Supreme Court’s 2013 decision in United States v. Windsor created a lot of uncertainty in federal employment benefits. Because the federal government’s definition of marriage as a union between one man and one woman was deemed unconstitutional, the decision left unanswered the question of when same-sex spouses were eligible for [...]
Archive for the 'FMLA' Category
by Lauren E.M. Russell
Many employers interested in promoting a family-friendly workplace want to offer new moms and dads paid time off for parental leave. But they need to keep discrimination concerns in mind if they plan to offer moms more “parental” time than dads. Recently, a group of attorneys was asked about the legality of an employer’s idea [...]
Just because the Family Medical Leave Act is rigid in many respects doesn’t mean there isn’t leeway in some situations. For example, reinstatement may not be required for employees deemed to be “key employees.” Recently a group of attorneys well-versed in FMLA issues was asked about exceptions to the reinstatement rule for certain high-level employees. Here is their take on that limited exception to the FMLA rule.
by Leanne Mehrman, Sal Simao, and Joanna Rich
Much of the country suffered through punishing storms this past winter, and it has already started again. While fresh snowfall on a crisp winter day can be a beautiful thing, snowy and icy driving conditions are usually a little less charming, especially for employers whose [...]
Ebola may be grabbing headlines, but it’s the old familiar flu that’s more likely to cause headaches and chills for employers this winter. Flu.gov reports that nearly 111 million workdays are lost as a result of flu each season. That puts the tab at approximately $7 billion per year in sick days and lost productivity. [...]
By Jason Ritchie
The Family and Medical Leave Act (FMLA) can be one of the most daunting employment laws HR has to deal with. There are very specific rules and procedures that must be followed to ensure that both employee and employer are protected. Recently, employment law attorneys from Holland & Hart in Billings, Montana, presented [...]
by Jason R. Mau
Since 1993, the Family and Medical Leave Act (FMLA) has provided eligible employees with job security for unpaid leave related to certain family and medical issues, including serious health conditions and the care of a newborn baby, a newly placed foster child, or an adopted child. The serious health [...]
Put a dozen human resources professionals together and ask them about problems related to the Family and Medical Leave Act (FMLA), and you’re likely to hear many dozens of stories. The rules can be complicated and intricate, and unscrupulous employees manage to find creative ways to take more leave than they’re entitled to have.
by Jonathan R. Mook
The American Medical Association (AMA) has officially designated obesity as a disease. In doing so, it explained that obesity is a “multi-metabolic and hormonal disease state” that leads to unfavorable outcomes like type 2 diabetes and cardiovascular disease.
Earlier this year, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) issued Administrator’s Interpretation (AI) No. 2013-1, which can be found at www.dol.gov/whd/opinion/adminintrprtn/fmla/2013/fmlaai2013_1.htm. The AI clarifies that the age of onset of a disability is irrelevant when determining whether an employee is entitled to take leave to care for an adult son [...]