Last week, I responded to an FAQ that often arises for employers when administering the Family and Medical Leave Act: How do employers count unexcused absences when an employee does not return medical certification?
Here’s a real life application of this question: Kimberly Miedema was an employee of Spectrum Catering, and after having claimed
In light of the EEOC’s litigation over automatic termination provisions under the ADA (we’ve beaten you over the head with it here and here), employers generally feel as though they have no clue as to their legal obligations when it comes to providing a leave of absence as a reasonable accommodation under the ADA
When an employee takes FMLA leave, is an employer obligated to adjust its performance standards so as to avoid penalizing the employee? According to a recent federal court decision, the answer is Yes. And failing to do so sets the employer up for an FMLA interference claim.
The Facts
Take this situation: Jeff was
had enough of its employees abusing FMLA leave, so it played the ultimate trump card — the Company hired a private investigator to conduct surveillance on 35 employees who were suspected FMLA abusers. One of the 35 was Daryl Scruggs, who served as a brazier (one who torches parts into fan coils) for the Company.
Remember a few months back when I warned employers to be wary of eliminating the position of an employee who days earlier requested several weeks off for surgery?
Let me take that advice one step further: if an employee informs you that she needs leave to undergo a hysterectomy, don’t tell the employee it’s “not
Employers beware: Just when an employee gives you the left jab, look for the right hook. The combination of the two, as far as the Family and Medical Leave Act is concerned, can knock employers out. As evidenced by a recent federal court case, an employee may be able to add up two medical conditions
That pesky State of Maryland! (Not that I hold grudges all these years after your Maryland Terapins beat my Indiana Hoosiers for the 2002 NCAA basketball championship!)
With a little assistance from the U.S. Supreme Court, the State of Maryland avoided potential FMLA liability yesterday in Coleman v. State of Maryland Court of Appeals
Each year, 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. 2011 proved to be an active year for cases involving the Family and Medical leave Act, and this year’s report captures nearly all of them. It is a great
Before you read this post, cover your eyes!
Cynthia Adams was a registered hospice nurse for Fayette Home Care and Hospice. According to one of her hospice patients, Adams apparently showed him and his wife three pictures of her boyfriend’s genitals, the photos of which were stored on her cell phone. Not surprisingly,
When making difficult decisions about eliminating jobs, senior management surely may disagree as to “who” is cut and how it’s done. However, after the decision is made, it is critical that management collectively support the decision and refrain from public dissension. When that dissension is shared publicly or with the affected employee, it can spell