When an employee works a “rotational” schedule—typically weeks “on” followed by weeks “off”—do the “off” weeks count when calculating FMLA leave? An Oklahoma federal court held that an employer did not violate the FMLA by counting scheduled weeks off as FMLA leave. Murphy v. John Christner Trucking (D. Ok. Aug. 15, 2012). In 2010, an Alaska
Flexible Work Schedule for All: Greater Challenge or Greater Profits?
By Jackson Lewis P.C. on
Employers challenged with scheduling modifications due to reasonable accommodation requests under the ADA, intermittent leave requests under the FMLA, and paid sick leave requests in some jurisdictions, but looking to increase their profitability, might want to keep an eye on H.R. 4106, the Working Families Flexibility Act (WFFA).
Introduced in the House of Representatives on…
Connecticut First to Impose Paid Sick Leave Requirement
By Jackson Lewis P.C. on
Posted in Leave
Connecticut has become the only state to require employers to provide paid sick leave to employees. On July 1, 2011, Governor Dannel Malloy signed into law Public Act No. 11-52, An Act Mandating Employers Provide Paid Sick Leave to Employees.
Beginning January 1, 2012, a covered employer must provide paid sick leave annually to each…
Excusing Absences as a Reasonable Accommodation–Part 2
By Jackson Lewis P.C. on
Posted in ADA
The "law" or "lore" requiring employers to accommodate employees by excusing absence has reshaped employer attendance and productivity expectations. Some say the law, as interpreted by the Equal Employment Opportunity Commission, goes too far and creates an elusive and unworkable standard for managing employee attendance and productivity.
To assist our clients and contacts in separating…
Feds Need Peripheral Vision Too When Managing Employee Leaves
By Jackson Lewis P.C. on
If it is any comfort to private sector employers, when it comes to managing an employee’s entitlement to time off under a myriad of legal requirements and internal personnel policies, the federal government, as an employer, faces similar challenges. On December 3, the Office of Personnel Management issued final regulations addressing the use of sick…
EEOC Continues Its Attack on “Inflexible” Leave Policies
By Jackson Lewis P.C. on
The EEOC’s challenge to “inflexible” leave policies continued this week, as the agency announced that it had sued Princeton HealthCare System for failing to reasonably accommodate employees who needed medical leave. According to the EEOC press release, Princeton HealthCare "fires employees" who are not qualified for FMLA leave and refuses to grant leave…
Top 20 ADA Cases: Large Jury Verdicts and Perhaps Some Litigaphobia
By Jackson Lewis P.C. on
Posted in ADA
As part of its celebration of the 20th anniversary of the ADA, the EEOC issued a report entitled "Twenty Years of ADA Enforcement, Twenty Significant Cases," sort of the top twenty ADA cases brought by the agency. Much can be gleaned from this ten page document and we may revisit it a few times.…
Leave as a Reasonable Accommodation Under the ADA
By Jackson Lewis P.C. on
Posted in ADA
Complying with the myriad of laws affecting medical leave continues to be a significant and growing challenge for employers. Making the decision whether and when to terminate an employee on medical leave is perhaps the most challenging, and carries significant risk. The EEOC’s recent challenges to “inflexible” leave policies–which resulted in a “record-setting” $6.2…