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
Employer’s Enforcement of Its Call-In Policy Was Reasonable Vis-à-Vis a Disabled Employee
Employers frequently struggle with enforcement of call-in and job abandonment policies when there has been a lack of communication by a disabled employee. In Alejandro v. ST Micro Electronics (N.D. Cal.) 178 F.Supp.3d 850, the court offers a favorable ruling for employers seeking to enforce such a policy respective to a disabled employee who had been non-communicative about his whereabouts in violation of company policy.
What Should I Tell Employees on Leave About Their FMLA Usage? Everything!
When it comes to FMLA leave administration, “don’t sweat the details” is rarely a wise axiom. Details matter. A lot.
A recent decision by an Illinois federal court reinforces that lesson. In March 2015, Amanda Dusik contacted her employer, Lutheran Child and Family Services (LCFS), to request time off for knee surgery. She explained that,
Are You Coming In Today? An FMLA Intermittent Leave Toolkit
Intermittent leave continues to present some of the most exasperating FMLA issues. In March, the San Diego-based Disability Management Employer Coalition (DMEC) issued a white paper showing the findings of its annual 2016 Employer Leave Management Survey, which involved 1,132 U.S. employers of all sizes. According to the Society for Human Resource Management (SHRM), “tracking
Congress Proposes Adding Parental Bereavement Leave to FMLA
On March 16th, a bipartisan group of Representatives, which included Paul Gosar, Don Beyer, Martha McSally, Brad Schneider, Tom Suozzi and Barbara Comstock, introduced the Parental Bereavement Act of 2017, also known as the Sarah Grace-Farley-Kluger Act. See H.R. 1560. This Act would add the “death of a child” as a covered
Fear of Failure – Terminating Employees with Extensive FMLA and non-FMLA Absences
It’s a scenario that frustrates many employers. An employee with extensive intermittent FMLA absences, possibly including absences for different covered reasons, is also absent for many unspecified or unprotected reasons which lead to progressive discipline. The employee’s absences eventually reach the point of warranting termination and the employee does not provide additional medical information to
Think Before You Call: Contacting Employees On FMLA Leave
How many employers have had this situation arise? An employee requests and receives FMLA leave. While they are out, the employee’s supervisor needs to locate a document, find out the status of a project the employee was working on, or a crucial question comes up that only the employee on leave can answer.
According to
DC Mayor Declines to Veto DC’s Paid Family Leave Bill
Back in December 2016, we wrote an article discussing the passage of the District of Columbia Universal Paid Leave Amendment Act of 2016 (“the Act”) by a 9 to 4 DC City Council vote on December 20th. We explained that the next step was for the Act to be presented to Mayor Muriel Bowser. At
Breaks and Flexible Hours Not a Reasonable ADA Accommodation for Frequently Absent Employee, Court Holds
Employers can easily feel overwhelmed when it comes to enforcing employee attendance standards while providing reasonable accommodation to employees with chronic health conditions. Increasingly, however, court decisions such as Williams v. AT&T Mobility Services LLC are providing much-needed guidance regarding the scope of an employer’s duty to accommodate. The Williams case illustrates how carefully-designed policies, frequent communication, and a generous sprinkling of patience form key ingredients in the recipe for avoiding liability under the Americans with Disabilities Act (ADA).
Continue Reading Breaks and Flexible Hours Not a Reasonable ADA Accommodation for Frequently Absent Employee, Court Holds