Employers who offer short-term and long-term disability plans governed by the Employee Retirement Income Security Act (ERISA), and their plan administrators, need to prepare for the approaching April 1st deadline of the new claims handling regulations. Employer action items can be found in our article posted here. The ERISA regulations were effective January 2017,
What Am I Doing Wrong?? Common FMLA Mistakes
“What did I do wrong?” and “Am I doing this correctly?” are frequent questions from clients regarding FMLA administration. This is the twelfth in a series highlighting some of the more common mistakes employers can inadvertently make regarding FMLA administration.
Not adequately investigating a potential FMLA abuse situation to put the
New California Disability and Leave Laws – Are You Ready for 2018?
With the turn of the year comes a wave of new California disability and leave laws. Employers should review their existing policies and procedures to determine if they will be in compliance with these new laws—many of which will go into effect on January 1:
- Parental Leave: California will expand parental leave to small
Extending Leave Was Not A Reasonable Accommodation Under The ADA Where There Was A Lack Of “Certainty” About Return To Work Date
While employers generally accept that they cannot apply a maximum leave period after which employees are automatically terminated, they continue to struggle with how much leave must be provided as a form of accommodation under the ADA. There is little dispute that leave for an indefinite period where the employee has a long term chronic
Prior Entitlement to FMLA Leave Is Not A Free Ticket To Miss Work For Non-FMLA Covered Reasons
The U.S. District Court for the Middle District of Pennsylvania recently upheld an employer’s decision to terminate an employee under its policy against excessive absenteeism, in spite of the fact that the former employee had previously taken leave under the Family and Medical Leave Act (“FMLA”), because the absences at issue were not related to
What Am I Doing Wrong?? Common FMLA Mistakes
“What did I do wrong?” and “Am I doing this correctly?” are frequent questions from clients regarding FMLA administration. This is the eleventh in a series highlighting some of the more common mistakes employers can inadvertently make regarding FMLA administration.
Not properly considering when a medical recertification can, and should, be requested
Seventh Circuit Holds that the ADA Is Still Not a Leave Statute
On October 17, 2017, on the heels of its landmark decision in Severson v. Heartland Woodcraft, the Seventh Circuit affirmed summary judgment in favor of the employer in its unpublished opinion in Golden v. Indianapolis Housing Agency, No. 17-1359 (7th Cir. Oct. 17, 2017), reiterating that “[a]n employee who needs long-term medical leave…is
California Governor Approves Expanding Parental Leave to Small Employers
On October 12, 2017, California Governor Jerry Brown approved a new law that will expand parental leave benefits to California employers with 20 or more employees. The new law will take effect on January 1, 2018.
Click here for more information on this new law at our California Workplace Law Blog.
Seventh Circuit Clarifies ADA is Not a Leave Statute
On September 20, 2017, the U.S. Court of Appeals for the Seventh Circuit issued a significant opinion for employers in Severson v. Heartland Woodcraft, Inc., No. 15-3754 (7th Cir. Sept. 20, 2017), holding that “[t]he ADA is an antidiscrimination statute, not a medical-leave entitlement.” The Seventh Circuit joins the Tenth Circuit in rejecting the EEOC’s
Governor Brown Has Another Opportunity to Expand Parental Leave to Small Businesses in California
The New Parent Leave Act has made it to Governor Jerry Brown’s desk awaiting his signature or veto. This bill would mean significant expansion of parental leave for small employers in California. It is uncertain whether Governor Brown will sign the bill into law after vetoing a similar bill almost a year ago.
Continue Reading Governor Brown Has Another Opportunity to Expand Parental Leave to Small Businesses in California