As proposed, the meaning of 'spouse' under the FMLA would depend on the law of state in which the marriage was celebrated, not the law of the state where the employee lives or works.Read More
Lori Flood was placed on administrative leave pending a fitness for duty evaluation. On Jan. 10, 2011, Flood submitted an FMLA medical certification and was terminated two days later.
Depending on the Supreme Court’s ruling, a pregnancy discrimination lawsuit against shipping giant UPS could lead to expanded rights for pregnant workers.Read More
Courts will hold you to your word if you mis-represent FMLA eligibility to an otherwise ineligible employee.Read More
Extended leaves of absence may be reasonable accommodations for employees with disabilities if they are able to fix a specific return date to the leave.Read More
It’s not easy being a parent/child/employee. Anyone who tells you differently is lying. I know I’m not alone in this juggling act.Read More
An 'honest belief' will not save an employer who denies an employee’s FMLA request without first exhausting all available avenues of communication and clarification with the employee.Read More
Employee safety should always be the company's highest priority, and employers should follow CDC guidance and avoid knee-jerk reactions, no matter how provocative an employee's activities may be.
An employer’s notice of an employee’s medical condition or disability can be direct evidence of FMLA violations or disability discrimination.
Employers should consider mailing all legally mandated letters via a method requiring acknowledgment of receipt to avoid disputes, such as certified mail.Read More