Tag Archives: leave

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 employer in a stronger … Continue Reading

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 employers.  … Continue Reading

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 … Continue Reading

Is Crying at Work Sufficient Notice of an FMLA Covered Condition?

It is well established that an employee need not specifically request leave under the Family and Medical Leave Act (“FMLA”) in order to benefit from the Act’s protections.  Rather, the law requires the employer to take action to notify an employee of FMLA rights when the employer acquires knowledge that an employee’s leave may be … Continue Reading

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, … Continue Reading

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 … Continue Reading

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, … Continue Reading

A Cautionary Tale: How Sudden Changes to Intermittent FMLA Can Cost You

A January 9 decision by the Seventh Circuit Court of Appeals serves as a vivid reminder that employers must tread with great caution when managing intermittent leave under the Family and Medical Leave Act. As the ruling in Wink v. Miller Compressing Company highlights, making abrupt changes in leave accommodations or providing misinformation about leave … Continue Reading

Ohio Means Business: New Law Prohibits Cities and Counties From Enacting Paid Sick Leave, Predictive Scheduling, and Minimum Wage Laws

Imagine you operate multiple business locations in Columbus, Ohio where 3 counties comprise the city proper and as many as 11 counties comprise the larger Columbus Metropolitan Area. Now imagine that each of those counties adopts their own local ordinance requiring paid sick leave as well as advance notice (and extra pay) to employees before … Continue Reading

Does Calling Someone an “Injury Compensation Specialist” Prove FMLA Retaliation?

Perhaps not, according to the First Circuit Court of Appeals. Not all retaliation is the same, the court reminds us in its December 14, 2016 decision in Chase v. U.S. Postal Service. Evidence that a supervisor retaliated because of an employee’s workers’ compensation claim does not itself prove the supervisor also retaliated because the employee took concurrent … Continue Reading

Department of Labor to Seek Feedback Regarding the Family and Medical Leave Act

The U.S. Department of Labor (DOL) is looking to collect data from employers and employees regarding their respective “need for” and “experience with” the Family and Medical Leave Act (FMLA).  The data collection period is expected to occur in 2017 and 2018.  From employees, the survey will seek information regarding “use of leave, need for … Continue Reading

EEOC Explains ADA Interference – Employers Take Note

On August 25, 2016, the EEOC issued its Enforcement Guidance on Retaliation and Related Issues. In addition to outlining expanded definitions of “opposition” and “participation” activity with respect to retaliation claims, the EEOC also addressed section 503(b) of the ADA.  Section 503(b) makes it unlawful to “coerce, intimidate, threaten or interfere” with an individual who … Continue Reading

Be Wary of Potential FMLA Violation before Terminating an Employee for Failure to Meet Performance Standards During Intermittent Leave

It is well established that the FMLA does not require an employer to reduce its performance expectations for an employee who is taking leave intermittently or on a reduced schedule.  Additionally, during the time the employee is at work, the employee must be capable of continuing to perform the essential functions of the job.  However, … Continue Reading

Reasonable Accommodations Enable Employees to Work, “Not to Not Work”

The recent Tenth Circuit decision in Hwang v. Kansas State University upholding the employer’s inflexible leave policy causes one to ponder the logic of leave as an accommodation under the ADA in a broader sense. When contemplating such issue, the “oxymoronic anomaly” relating to this issue comes to the fore. Just what is this anomaly? … Continue Reading

Toward a State Model Leave Law

Perhaps we should take a lesson from the UK. Faced with a “three-decade-old body of law, featuring nine antidiscrimination laws” which some described as “outdated, fragmented, inconsistent, inadequate, inaccessible, and at times incomprehensible,” a research team in 2000 recommended a single equality act, according to a recent Vanderbilt Law Review article.  That single equality act … Continue Reading

Jersey City Adds Another Patch to the Paid Sick Leave Patchwork

And then there were seven. Seven patches in the developing “paid sick leave” patchwork that we presaged months ago. It started with San Francisco in 2007. Then the District of Columbia, Connecticut, Seattle, Portland, OR, and  NYC . Now, add the Jersey City, N.J. patch. The Jersey City variation requires employers with at least 10 … Continue Reading

Minnesota Expands Employee’s Right to Use Sick Leave

Minnesota has amended its Minnesota Parenting Leave Act to give employees the right to use sick leave for an expanded group of family members in addition to the employee’s child. Effective August 1, 2013, an employee may use personal sick leave benefits for absences due to an illness of or injury to the employee’s “adult … Continue Reading

NYC Adds Another Patch to the Paid Sick Leave Patchwork

Add the New York City patch to the patchwork of paid sick leave laws developing around the country. We wrote about this development in an earlier post. The NYC law, called the Earned Sick Time Act, was passed June 27, 2013, when the New York City Council overrode the mayor’s veto of the bill. NYC … Continue Reading

Florida Governor Puts Kibosh on Local Leave Laws

Florida Governor Rick Scott has signed a bill that puts the kibosh on local leave and attendance laws.  House Bill 655 prevents Florida’s political subdivisions from requiring private employers to provide employees with disability, sick leave or “personal necessity” benefits, among others. In a statement, Governor Scott said: "This bill fosters statewide uniformity, consistency and predictability … Continue Reading
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