Earlier this week, I had the privilege of presenting on the FMLA and ADA reasonable accommodations at CUPA-HR‘s annual conference with my friend, Stan Kulesa from The Standard.
We spent much of our time discussing the delicate topic of light duty and how it intersects with — and creates employer obligations under —
I’ve discussed far sexier topics than “joint employers” on this blog. After all, it’s not every day an employee gets drunk at a Polish festival at the very time she’s supposed to be on FMLA leave.
But even the rather mundane portions of the FMLA [ahem, is there such a thing?] require us
Q: One of our employees has taken FMLA leave for anxiety attacks. Recently, we found out that she is working a similar job for another employer at precisely the same time she should be working for us. Can we deny her the right to return and terminate her employment because of this leave abuse?
A:
The story is for all you hunt and peck typists out there. But its message is a lesson for all employers when it comes to returning your employee from FMLA leave.
Vanessa worked for Reading Hospital as a credentialing assistant, a position that required her to be typing approximately 60 percent of the time. After
Sorry I have been away for a bit. Of all things, I’ve been taking some FMLA bonding leave to care for this beauty to the right! I am excited to report that our daughter, Maggie, joined our family just a few weeks back. And I’ve been smitten ever since.
There are a few things that
With all the FMLA paperwork that a leave administrator has to provide an employee during the FMLA process, you’d wonder whether you’re attending a real estate closing. All these documents — whether it’s the Notice of Eligibility, medical certification, or the Designation Notice — typically get sent by good old fashioned snail mail, delivered by
In the cold, sadistic world that is the FMLA, the Department of Labor tells us that ordinary, run-of-the-mill headaches (a/k/a “non-migraine” headaches) are not covered by the FMLA. Migraine headaches, on the other hand, are covered. When I try to explain the difference in FMLA training sessions for employers, they often look at me like
Although I eagerly anticipate the arrival of a baby due to be born in the Nowak family within the next couple of weeks [number 4…somebody help me!], I assure you that my status as “expectant dad” is not clouding my objectivity regarding the rights of moms and dads in the workplace.
But the
Dear fellow FMLA nerds:
Please indulge me for one shameless self-promotion for the year. Last year, for the third consecutive year, our little FMLA blog was named to the ABA Journal’s 100 best legal blogs of 2013. Voting is now open for the best legal blogs of 2014, and we would love to
Earlier this week, the EEOC issued new enforcement guidance on pregnancy discrimination, warning employers of their obligation to provide pregnant employees reasonable accommodations in the workplace and giving employers insight into how the EEOC will enforce pregnancy-related issues under Pregnancy Discrimination Act (PDA) in the future.
As expected, the guidance confirms that the EEOC