Think long and hard before you deny a request for unpaid time off for an employee's medical issue, and, when in doubt, call your employment counsel for a sanity check.Read More
Employers may be able to use the Family and Medical Leave Act as an early warning system to prevent or minimize costs associated with disability absences. According to a recent report, paying attention to FMLA claims gives employers the chance to connect employees with employee assistance programs and other existing health benefits. Read More
A New York Appellate court ruled that an injured worker's diabetes and obesity do not qualify as pre-existing conditions.Read More
If the Domestic Partnership Benefits and Obligations Act were enacted, it would override DOMA's provisions regarding federal employees, but not its overarching definition of marriage for tax and Social Security purposes.Read More
The case of Merivic Inc. and Zurich North America v. Enrique Gutierrez involved a workers' comp claimant who had a ninth-grade education and a 'limited working knowledge' of English despite having lived in the United States for 34 years, according to the opinion.
On the doctors' advice to lose weight, Melinda McKenzie underwent unauthorized gastric bypass surgery in 2006 and eventually lost 241 pounds, records show. However, MCI denied authorization and payment for McKenzie's procedure.Read More
S.B. 863 was signed into law Sept. 18 and takes effect Jan. 1. It is expected to boost permanent disability benefits for injured workers while implementing several measures to help reduce comp costs for insurers and employers.Read More
If you are granting a leave to an employee as an accommodation, your best defense to a potential ADA claim is to open a dialogue with the employee about a return date, and prepare to be flexible.Read More