In theory, the Family and Medical Leave Act (FMLA) is a law that recognizes an employee’s need for unforeseen leave while minimizing the costs and efforts of the employer. It sounds simple enough to say that an employee can receive up to 12 weeks (or, up to 26 weeks where applicable) of unpaid leave a year for certain reasons and can then...
Mandatory Leave
In addition to leave protected by the FMLA and ADA and similar state laws and workers' comp laws, certain employers are required to grant leave for military service under the Uniformed Services Employment and Reemployment Rights Act and as a religious accommodation under Title VII of the Civil Rights Act of 1964.
Some...
Gender stereotyping claims are on the rise. Gender stereotyping occurs when an individual fails to act according to expectations defined by her gender. Such claims go back to the U.S. Supreme Court's 1989 decision in Price Waterhouse v. Hopkins. The 7th Circuit has not issued a decision in this area recently, so let's examine a case from Colorado...
HR Quick Quiz: An employee slips and falls at work. You know that workers' comp applies. And as his rehabilitation continues, you start trying to figure out when FMLA/CFRA kick in -- or maybe they already have.
And when the employee calls you and asks for a reasonable accommodation to return to work, ADA and FEHA are added to the already...
When an employee takes family or medical leave, unique compensation and benefits management issues come into play. You have to do more than administer the healthcare benefits plan and apply PTO.
When an employee comes back from leave, do you have to reinstate him to the same position? Are you ever allowed to dock an employee’s pay for...
Nearly half of the U.S. workforce is comprised of women, and out of that group, roughly 80 percent are or will become mothers. With these substantial numbers, it's probable that your organization will have a new or expectant mother in the workplace at some point. With the number of lawsuits filed by new moms on the rise over the past decade, it'...
An employee slips and falls at work. You know that workers' comp probably applies. And as his rehabilitation continues, you start trying to figure out when FMLA/CFRA kick in -- or maybe they already have.
And when the employee calls you and asks for a reasonable accommodation to return to work, ADA and FEHA are added to the already complicated...
Intermittent leave requests pose challenges for even the most seasoned HR professionals, particularly in California where you have a complex array of state law requirements competing with their federal counterparts.
Don't get tripped up. Learn how to stop leave abuse, end painful administrative headaches, and get straight answers to these...
Q: We have an employee who has requested FMLA leave so he can get treatment for his alcoholism. He has stated that he will be required to do some jail time in addition to getting treatment. My understanding is that the time missed for treatment is covered under the FMLA, but time spent in jail is not. He has used up all his vacation and sick time...
President Barack Obama has announced combat troop withdrawals from both Iraq and Afghanistan, meaning that National Guard and reserve members who had to leave their jobs for military service will be returning to the workforce in large numbers. Many of these job seekers may be especially eager to file a case under the Uniformed Services...
