Q: This week, one of our employees professed her love to one of her co-workers (who is married) and announced to everyone that they had been dating. The problem is — it’s not true. When questioned about it, she continued to insist that she and her colleague had been dating despite clear evidence to the
EEOC Commissioner Gives Insight into Handling Employee Leaves of Absence After FMLA is Exhausted
Last week, I had the pleasure of co-presenting with EEOC Commissioner Chai Feldblum on the topic of “leave” as a reasonable accommodation under the ADA. Our presentation was part of an FMLA/ADA compliance conference hosted by the Disability Management Employer Coalition. You can access BNA’s coverage of our presentation here (pdf). Naturally, Cmmr. Feldblum
Employees Can’t Take FMLA Leave for “Potential” Absences in the Future
Did you ever have an employee tell you that he has medical condition “x,” which will require time off at some point in the future? Normally, you tactfully tell him to come back when he actually needs time off, correct?
Such is the case of Pat Hurley, who I blogged about a year ago
FMLA FAQ: Can an Employer Designate FMLA Leave When an Employee Refuses to Provide Medical Certification?
I received a ton of feedback last week in response to my post about whether an employee can decline FMLA leave even though the absence qualifies under the Act. One question, in particular, was thrown at me repeatedly, and it went something like this:
In our workplace, when an employee doesn’t want to take
Can an Employee Decline FMLA Leave Even though the Absence is Covered by the Act?
What do you do when one of your employees has informed you of what clearly is an FMLA-triggering event (she needs to care for her dad who is seriously ill in the hospital), but then tells you she doesn’t want the absence designated as FMLA leave? I’ll share my opinion below, but in the meantime,
Yes! Regular, Reliable Attendance at Work IS Important under the ADA After All!
No matter what position the EEOC might take, I’ll always take the position that an employee’s regular, reliable attendance is an essential function of the job. So, when an employee wants to arrive at work at any time, without any repercussions, it’s not a reasonable accommodation under the ADA. And I have a recent court
The Lesson of EEOC v. UPS and Automatic Termination Provisions: Engage in the ADA Interactive Process
Let me share a story about UPS, although in the end, this story has nothing to do with UPS.
For about the past 10 years, UPS has maintained a policy of terminating any employees who are unable to return to work after 12 months of leave. This policy has disproportionately impacted employees whose medical conditions
ABA’s Summary of 2013 FMLA Cases a Critical Resource for Employers, Attorneys
Calling all FMLA nerds! You’ll want to read this.
Every February, the American Bar Association’s Federal Labor Standards Legislation Committee publishes a comprehensive report of significant FMLA decisions handed down by the federal courts in the previous year. This report literally includes every FMLA decision from 2013. This year’s report is as comprehensive as always
Can an Employee Insist That the Employer Pay for FMLA Medical Certification?
Let’s put our heads together on this one. You see, it appears as though far too many employees have bought into the notion that their employer is always responsible for the cost of obtaining medical certification to support an FMLA-related absence. Case in point: just last week, a client called me for help after one
FMLA FAQ: Can General Aches and Pains Support the Need for FMLA Leave?
I just returned from Disney World, a trip that had me chasing my kids (ages 8, 6 and 4) for days on end. So, I’m tired. And I ache. My feet ache. My back aches from my four year old riding on my shoulders. My head aches from thinking about my back. Even my aches