“What did I do wrong?” and “Am I doing this correctly?” are frequent questions from clients regarding FMLA administration. This is the seventh in a monthly series highlighting some of the more common mistakes employers can inadvertently make regarding FMLA administration.
Forgetting to consider whether an employee is entitled to FMLA leave
The sick leave landscape is constantly evolving, and the City of Los Angeles is no exception to that rule. This past month the City of Los Angeles Office of Wage Standards (“OWS”) revised its rules and regulations (“Revised Rules”) as well the FAQs regarding its Minimum Wage and Paid Sick Leave Ordinance (the “Ordinance”). As reported on our website (click here), the City’s Ordinance originally was effective July 1, 2016. The OWS has now provided further clarification regarding several issues as detailed here:
A former employee alleges that he was terminated because he exercised his right to take intermittent leave under the Family and Medical Leave Act. His former employer asserts that his FMLA leave had nothing to do with his termination. Rather, the employer claims, he was let go simply because his position was eliminated. At trial
Effective March 1, California’s Equal Restroom Access Act (ERAA) will require some single-occupancy restrooms to have signs indicating they are gender-neutral.
Which Restrooms Does the ERAA Cover in California?
The ERAA applies to all single-occupancy restrooms in businesses, government buildings, and places of public accommodation. “Single-occupancy” is defined as a “toilet facility with no more than one water closet and one urinal with a locking mechanism controlled by the user.”
What Does the ERAA Require?
In short, the ERAA requires single-occupancy restrooms to be identified as gender-neutral by signs. The signs must comply with Title 24 of the California Code of Regulations.
In 2009, Congress passed the Americans With Disabilities Amendments Act (ADAAA), unquestionably expanding the definition of a disability under the ADA and, for all practical purposes in most cases, shifting the focus of disability lawsuits in federal court. Specifically, prior to the ADAAA’s enactment employers routinely argued that the plaintiff-employee’s ADA claim failed right out
An employer’s failure to provide a fragrance-free work environment does not equate to a failure to provide a reasonable accommodation or an adverse action against an employee, according to the District Court for the Northern District of Illinois in Alanis v. Metra. In fact, this case reiterates that employers are not required to provide every
“What did I do wrong?” and “Am I doing this correctly?” are frequent questions from clients regarding FMLA administration. This is the fifth in a monthly series highlighting some of the more common mistakes employers can inadvertently make regarding FMLA administration.
Not providing an employee with a sufficient Notice of Eligibility and
What are employers to do if an employee has not provided a doctor’s note to continue his or her leave and the initial end date for that leave has passed? When can employers deem such an employee to have “voluntarily resigned”? Leticia Bareno v. San Diego Community College District reminds employers that they must scrutinize what communications they have received from such employees about their leaves and their own attempts at follow-up before considering an employee to be, “voluntarily resigned.”
What did I do wrong?” and “Am I doing this correctly?” are frequent questions from clients regarding FMLA administration. This is the fourth in a monthly series highlighting some of the more common mistakes employers can inadvertently make regarding FMLA administration.
Counting FMLA-protected absences against an employee.
Accurately tracking or coding FMLA
2016 has come to an end and it’s been busy year for disability leave management issues. The year has seen a variety of new developments, including issuance of additional guidance from administrative agencies, new leave and benefit related laws, and a slew of court opinions. Here is a summary of some of the highlights from