Last Thursday, I had the pleasure of conducting a webinar with EEOC Commissioner Chai Feldblum on the topic of “leave” as an ADA reasonable accommodation in light of the EEOC’s new technical resource issued on this topic in early May 2016. If you missed the program, you can access the webinar materials here. In
Regulatory Activity
EEOC Issues New Resource Document Addressing Leave as a Reasonable Accommodation under the ADA. What’s the Impact on Employers?
For years, employers across America have been clamoring for guidance from the EEOC about how they should manage an employee’s request for extended or intermittent leave from work and how much leave is considered as a reasonable accommodation under the ADA. This week, employers received an answer.
Well, kind of.
Yesterday, the EEOC issued a…
Paid Family Leave Becomes Law in New York Through an Insurance-Style Scheme. Will Other States Follow?
Could this be a game-changer when it comes to paid family and sick leave?
Yesterday, New York Governor Andrew Cuomo signed into law what is being dubbed the country’s longest and most comprehensive paid family leave program, which allows employees partially paid leave to care for a family member or a newborn child.
New York…
Can Employees Be Disciplined When They Exceed the Frequency or Duration on Their FMLA Medical Certification?
One of the biggest headaches for employers when administering FMLA leave is how to deal with the employee who exceeds the frequency or duration identified on the employee’s medical certification. Nearly all of these situations involve intermittent leave, which is the type of leave most frequently abused by employees.
Take, for example, Joe, who suffers…
A Big Yawner? DOL Issues FMLA Fact Sheet Regarding Joint Employers
Joint employer issues are all the rage right now. Recently, the National Labor Relations Board (NLRB) put the screws to McDonald’s in finding that the Company is liable “jointly” along with their franchisees for alleged labor violations. So, it’s not shocking to learn that the U.S. Department of Labor recently jumped on the bandwagon, putting…
DOL Continues to Warn Employers of Investigation of Systemic FMLA Issues
E
arlier this month, I had the pleasure of presenting on complex FMLA issues at the American Bar Association’s Annual Labor and Employment conference. During the session, entitled “The FMLA 20 Years Later,” we covered key FMLA notice and medical certification issues and other difficult FMLA scenarios.
Notably, one of my co-panelists,…
Is Amazon the Scapegoat in the Debate on Employee Leave Entitlements? What’s the Lesson Here for Employers?
Amazon has been making headlines lately. And it’s not because the company is offering generous discounts on Amazon prime delivery.
Over the past few weeks, Amazon has been hit hard in the media after several current and former employees made allegations that the company pushes its employees to the brink and effectively forces out employees…
DOL and EEOC Explain How They Will Approach FMLA and Reasonable Accommodation Enforcement
This week, I had the pleasure of presenting with Department of Labor and EEOC officials on key developments out of Washington with respect to leave management and accommodations. Our presentation was part of the annual conference of the Disability Management Employer Coalition. If you’re an employer and not a member of DMEC, you’re doing…
Now That Same-Sex Marriage is a Constitutional Right, How Do Employers Administer FMLA Leave?
On Friday, June 26, the United States Supreme Court ruled that same-sex marriage is a fundamental right under the Fourteenth Amendment to the Constitution.
So, I’ll give you one guess as to the topic of my blog post today.
How is the FMLA Impacted by the Supreme Court’s Ruling on Same-Sex Marriage?
Earlier this year,…
DOL Publishes New FMLA Forms — Good Through May 2018
Those sneaky little rascals! While the rest of us were enjoying our Memorial Day holiday, those crazy kids over at the Department of Labor were still working away. This time, they were busy posting the new model FMLA notices and medical certification forms. Expiration: May 31, 2018!
No more month-to-month extensions or lost sleep…