Posts filtered by tags: FMLA[x]


What Ivanka & Her Dad Have In Common: Stealing Other People's Ideas

The first daughter and White House advisor's schedule isn't public, but we'll keep you posted on her goings-on every week.One of the reasons we regularly write about Ivanka Trump is because her position actually comes with a lot of power. As a presidential advisor to her father in the most chaotic White House ever, she reportedly has a great deal of freedom to set her own agenda. And she has, admirably, focused her agenda on issues that affect women, both globally and in the United States, from...
Tags: Fashion, Music, Congress, Child Care, Senate, White House, US, United States, House, Social Security, Global development, States, Jezebel, University Of Maryland, Trump, Ellen Bravo

Share or Retweet if you care about paid parental leave

Earlier this week, Republican Senators Joni Ernst and Mike Lee introduced the Child Rearing and Development Leave Empowerment Act (the CRADLE Act). It is a first step towards providing some measure of paid parental leave to American workers. Yet, it has some serious flaws. The Cradle Act would provide up to three months of consecutive paid parental leave benefits to news moms and dads following the birth or legal adoption of a child. It not only applies biological parents and those that legally ...
Tags: Law, Social Security, Mike Lee, Lee, Joni Ernst, FMLA, Jon Hyman, Brittany Simuangco

WIRTW #545 (the “International Women's Day” edition) #IWD2019

Happy International Women's Day! I didn't always consider myself a feminist. But I'm proud to call myself one ever since May 27, 2006—the day my daughter was born. It wasn't that I was hostile to the issue; I just never engaged in any active thought about it. Now that I have a female life for which I am responsible, I fully embrace the term. I worry about the world in which she lives, and how that world may treat her because of her sex. ❔ Will she have the same opportunities? ❔ Will she earn the...
Tags: Facebook, Law, Connecticut, Ada, Harvard Business Review, Aba, Eric Meyer, Jeff Nowak, OSHA, Dan Schwartz, FMLA, FLSA, Jon Hyman, Suzanne Lucas, Mike Haberman, John Sumser

FMLA Violations

My question involves labor and employment law for the state of Tennessee Back story: I had lumpectomy on Sept 14th for breast cancer. My husband's asked for fmla protection but took off 3 days(paid) to help me after surgery and that was all he wanted to take off. His job made him take off the whole 2 weeks that the doctor wrote on the form. Then he worked the next 2 weeks overtime and all. His boss asked him on a Tuesday how I was and he said I was good and started Radiation the next day. We...
Tags: Law, Tennessee, Employment and Labor, FMLA

4 Ways to Avoid Employer Discrimination Against Drug and Alcohol Histories

By DeAnna M. Crosby To avoid employer discrimination against individuals with drug and alcohol histories, one must first understand one’s own perceptions about this subject. It’s understandable that as a business owner, you want to hire the best qualified job candidate, but given the widespread stigma that follows people who have substance abuse histories, how will you know if this employee will exhibit questionable behaviors down the road? Navigating the murky waters of employment is tricky bus...
Tags: Business, Massachusetts, Management, Ada, Right Now, FMLA, Barbuto, Alcohol Dependence, DeAnna M Crosby, Alcohol Policy Communicate, LaMonaca, Tread Corp, New Method Wellness, Dr Phil National Geographic 's Taboo Elle Magazine, Huffington Post Employer

WIRTW #544 (the “it's a shame” edition)

I love how my kid's school embraces their individuality and creativity. Back in the fall, my wife and I had a quick conversation with one of Norah's teachers about her music, which led to him suggesting that she bring her guitar to school to share a song at one of their Wednesday morning all-division meetings. After a few weather related false starts, Norah finally had her chance this week. She chose to play It's a Shame, by First Aid Kit. I fully understand that I am a biased dad. But, I also t...
Tags: Minnesota, Law, Comcast, Bill, Omega, Florida Bar, Eric Meyer, Jeff Nowak, OSHA, Dan Schwartz, FMLA, Business Insurance, Jon Hyman, Norah, Mike Haberman, Hunton Employment Labor Law Perspectives

Four Ways the New Paid FMLA Bill is Bigger Than You Realize

It seems likely that some type of paid Family and Medical Leave (otherwise known as “Paid FMLA”) bill is going to pass the General Assembly. CBIA recently posted about the pitfalls that await employers with passage with one CBIA staff testifying that “small businesses are terrified of this proposal.”   But the “paid” aspect of the bill is only one part. I’m not going to cover that in this post, but there are plenty of resources already on what it might mean. What hasn’t been widely reported is t...
Tags: Law, Connecticut, Employer, Bill, General Assembly, Number, Lamont, FMLA, Reason, Wage & Hour, Manager & HR Pro’s Resource Center, Legislative Developments, Ctfmla, Connecticut FMLA, Cbia, Paid Fmla

The FMLA does not require that an employee use magic words to request leave

According to the FMLA's regulations, "When an employee seeks leave for the first time for a FMLA-qualifying reason, the employee need not expressly assert rights under the FMLA or even mention the FMLA." Courts do not interpret this burden as a heavy one. An employee need not use the letters "F-M-L-A," or any other magic words to request leave under the statute. As long as the employee provides enough information for the employer to reasonably conclude that an FMLA event described has occurre...
Tags: Law, Court, Keogh, Joshua, Gill, Blum, FMLA, Jon Hyman, Celestino, Concentra Health Services Inc, BH Media Group Inc

A textbook lesson the ADA's interactive process

Does an employer have an obligation to return an employee to work following an extended unpaid leave of absence granted as a reasonable accommodation under the ADA? You might be inclined to say, "Of course." The answer, however, is nuanced, and depends on the length of the leave, the composition of your workforce at the time the employee seeks to return to work, and your efforts to engage in the ADA's interactive process with the employee during the leave. For your consideration: Brunckhorst v....
Tags: Law, City, City Council, Ada, Fournier, 8th Circuit Court of Appeals, FMLA, Jon Hyman, Brunckhorst, City of Oak Park Heights, Gary Brunckhorst, Oak Park Heights Minnesota, Brunckhors

President Trump calls for federal paid family leave during State of the Union

Yesterday was the 26th anniversary of the Family and Medical Leave Act being signed into law. During last night's State of the Union Address, President Trump called for Congress to make paid family leave a federal law. I am also proud to be the first president to include in my budget a plan for nationwide paid family leave — so that every new parent has the chance to bond with their newborn child. The devil is very much in the details. We have zero idea what this law would look like. W...
Tags: Law, Congress, United States, Trump, FMLA, Jon Hyman

WIRTW #540 (the “wheels off” edition)

The one question people ask me more than any other about this blog? "How do you write every day?" My answer, "Because I love it." The practice of law, for all of its challenges and rewards, can be mundane. This blog lets me be creative. I love the creativity of sharing information in a manner that makes it accessible and entertaining. If I didn't love this creative process, this blog would have died long ago, instead of just having passed 3,000(!) posts since it's inception nearly 12 years ago. ...
Tags: Google, Law, Obama, Washington Post, Ohio, Bloomberg Businessweek, Ada, Harvard Business Review, Cyberspace, Rhett Miller, Robin Shea, Circuit Court, Rosanne, Eric Meyer, OSHA, FMLA

Employees on medical leave aren't bulletproof, but still handle with care

One of the questions that clients ask me most often is, "________ is out on a medical / pregnancy leave (or just returned); can we fire him/her?" My response, always: "Why?" There are several reasons why you might need to fire an employee who is absent from work on, or just returned from, an otherwise FMLA or ADA protected leave. While picking up the absent employee's work, you discover he or she was not doing his or her job. You uncover misconduct committed by the employee (fraud, theft, etc.)...
Tags: Law, Ada, American Airlines, FMLA, Jon Hyman, Nieves, Pixabay, Janette Levey Frisch, Envoy Air Inc

United States: Working For The Weekend: Denial Of Pay Premium Due To FMLA-Related Absences Does Not Violate The FMLA - Ogletree, Deakins, Nash, Smoak & Stewart

On January 8, 2019, the U.S. District Court for the Eastern District of Arkansas issued an opinion and order granting summary judgment to an employer, finding the employer did not violate the Family and Medical Leave Act
Tags: News, United States, Stewart, U S District Court, FMLA, Eastern District of Arkansas, FMLA Ogletree Deakins Nash Smoak

WIRTW #538 (the “drones” edition)

OSHA is now using camera-carrying drones to investigate outdoor workplaces. The good news? Use is intended to be limited to areas that are otherwise difficult and dangerous for OSHA inspectors to access. Plus, OSHA will not use them without an employer's consent. The bad news? Employers that withhold consent could face OSHA's ire and a search warrant. Plus, the program lacks any protections for things like scope of recording, employee privacy, or third-party access to the video. You can more abo...
Tags: Google, Law, United States, Connecticut, Hilton, Poland, SEC, Ohio, Huawei, Nlrb, Joe, Robin, Engadget, EEOC, Dave Buster, Eric Meyer

United States: How Much Leave Is Too Much? Determining When An Employer May Deny Or Stop An Extended Medical Leave Of Absence - Burr & Forman LLP

Employers continue to face challenges managing employee requests for additional or extended medical leaves of absence for employees who are not eligible for or have exhausted FMLA leave.
Tags: News, United States, Burr, FMLA, Forman LLP

FMLA Retsliation Discrimination

My question involves labor and employment law for the state of: North Carolina I am trying to get an idea of what I can do. I have contacted an attorney but the consultation fee is too high for me, especially since I don’t know if I even have a case. I am disabled and on intermittent fmla. Since we got a new manager she has made life hard for me. My performance Evaluation states that my work and dependability suffer due to being absent. She also told me that the unit and agency suffer due ...
Tags: Law, North Carolina, Employment and Labor, FMLA

How to Negotiate Employee Benefits With Small Business Employers

When applying for a job, it’s easy to get overwhelmed by questions: do you want a salary or hourly rate? Is it better to be an employee or a contractor? What is the commute time, and can you work from home? The answers to these questions about employee benefits and workplace environment will shape your experience with a company. Despite that, many workers underestimate the importance of a great benefits package. Healthcare, retirement contributions, stocks options, and profit sharing, and paid t...
Tags: Google, Facebook, Business, Sales, Employee Benefits, Healthcare, Health Insurance, Negotiation, Vacation Time, Bureau of Labor Statistics BLS, FMLA, FLSA, Health Insurance Health, Employee Perks, Employee Performance Reviews, Small Business Hiring

Your 2019 Employment Law Compliance Checklist

Today is the start of the first full week of 2019. Which means it's a perfect time to take a step back and review your efforts at HR and employment-law compliance for the coming year. This list is not mean to be complete or exhaustive, but should provide a high level look at the top 20 issues that you should be reviewing this year, and every year for your business. ☑️ How many employees do you have (15 / 20 / 50)? ☑️ When is the last time your handbook has been reviewed and updated? ☑️ When was ...
Tags: Law, Ada, OSHA, FMLA, Jon Hyman, Glenn Carstens Peters

Is Workplace Drug Testing Changing?

Back in 2012, positive drug test rates among American employees were just under 5%, hitting a 30-year low. Today, 88% of employers conduct drug testing at any point in the tenure of their employees. And as marijuana legalization continues to move forward, more employers are considering it critical for their business and employees. However, there are few business owners who are considering in eliminating it. The Upside To Drug Testing Workplaces that practice regular drug testing enjoy improve...
Tags: Workplace, Massachusetts, US, Lifehacks, Ada, Gina, FMLA, Workplace Drug Testing Workplace

'Twas the Employment Law Night before Christmas

'Twas the night before Christmas, when all through the office Not a creature was stirring, well, just one of the bosses; The bonuses were paid by the company with care, In hopes that no ungrateful employees would swear. The workers were home all snug on their thrones; While visions of deadlines danced on their iPhones; And I at my desk, alone to deal with the crap, For the one who's in charge gets no holiday nap. When out in the lot there arose such a clatter, I sprang from my desk to see what ...
Tags: Law, Said, FMLA, FLSA, Jon Hyman

A quick review on the rules for docking pay for exempt employees

"Can I dock part of an employee's paycheck?" It's one of the questions I get most often from clients. So, let's take a quick run through the rules of docking employee's pay for exempt employees. Generally speaking, it violates the Fair Labor Standards Act to dock (that is, take a deduction from) the salary of an exempt employee. Under the FLSA, an exempt employee earns their entire salary for a work week as soon as that employee works even one minute during that week. The logic is simple. Once y...
Tags: Law, FMLA, FLSA, Jon Hyman

WIRTW #534 (the “rock the vote” edition)

Have you cast your ballot for the Worst Employer of 2018? Time is ticking down for this year's final vote. To remind you of the four truly awful employers vying for this year's honor, the finalists are: The Murdering Manager — company owner hires two men to rough-up a handyman who was not doing his job, and they accidentally kill him. The Sexist, Racist, Xenophobic, Oh My! — plant manager calls foreign-born employees "terrorists" and women "bitches," and tells the only black employee t...
Tags: Law, Chicago, Nazi, Robin Shea, Eric Meyer, Jeff Nowak, OSHA, FMLA, White Power, Jon Hyman, Suzanne Lucas, Mike Haberman, Kate Bischoff, Marc Alifanz, FMLA Insights Labor NLRB, Dennis Westlind

WIRTW #533 (the “Stella's” edition)

If you ever wanted to know how hard a group of pre-teens and teens can rock, you'll have your chance on December 21, when Fake ID invades Stella's Music Club. They play from 7:30 – 9:30, and word has it they are working up a few Christmas tunes for the season. Also, you still have time to register for The Best-Ever Year-End Employment Law Review That 5 Employment Law Bloggers Ever Presented—T uesday, 12/4, from noon to 1 p.m.  Join me, along with employment law bloggers extraordinaire...
Tags: Law, Office, US, Stella, Harvard Business Review, Engadget, Eric Meyer, OSHA, Krebs, FMLA, Jon Hyman, Suzanne Lucas, Janette Levey Frisch, Kate Bischoff, Robin Shea s Employment Labor, Eric Meyer Jeff Nowak Dan Schwartz Robin Shea

United States: Does An Employer Have FMLA Obligations Even Before An Employee Satisfies The Eligibility Requirements For Taking FMLA Leave? - Bryan Cave Leighton Paisner LLP

Employers may not manipulate the size of a worksite or the number of work hours available to an employee in order to avoid employee eligibility for FMLA leave.
Tags: News, United States, FMLA, Bryan Cave Leighton Paisner

The Best Webinar on Employment Law (That Employment Bloggers Could Put Together)

Now that Thanksgiving is in the past, it’s time to look forward to the future. Well, not before getting a recap of everything that transpired in employment law in the last year. Or at least everything that we can fit in an hour long seminar. The webinar that broke attendance records last year is back again on December 4, 2018 at noon ET. This year, five employment law bloggers are presenting the “Best-Ever Year-End Employment Law Review that Five Employment Law Bloggers Have Ever Presented” webi...
Tags: Law, FMLA, Jon Hyman Meyers Roman Eric Meyer

United States: Wisconsin Judge Rules That HR's Assurances Before Employee's One-Year Anniversary May Give Rise To FMLA Claim - Ogletree, Deakins, Nash, Smoak & Stewart

Employees are not eligible for leave under the federal Family and Medical Leave Act (FMLA) unless, among other things, they have worked for a covered employer for at least 12 months
Tags: News, United States, Wisconsin, Stewart, FMLA, Ogletree Deakins Nash Smoak

WIRTW #532 (the “❤️ the holidays” edition)

On December 25, I will turn 18 in Christmas years. My wife and I starting dating in October 2001, and we celebrated our first Christmas together two months later. I LOVE Christmas. I joke with my wife that I married her for Christmas. I love the lights, the tree, the family togetherness, the snow, and the overall peaceful spirit of the holiday. And the music. I love Christmas music. Which is why this year, I'm thrilled that I get to combine my favorite holiday with my favorite band. Today, Old...
Tags: Law, White House, Cnn, Nlrb, Newton, Engadget, Eric Meyer, Ragan, OSHA, FMLA, Jim Acosta, Jon Hyman, Suzanne Lucas, Mike Haberman, Marc Alifanz, Dennis Westlind

Register now for "The Best-Ever Year-End Employment Law Review that Five Employment Law Bloggers Have Ever Presented"

What could you buy for $25? Goosh Pants A yodeling pickle + Dancing with Cats   Gummi Bear Anatomy Model Kit   100 Misprint Ink Pens Ball Point Plastic Retractable Pens + 2 Nicolas Cage pillowcases What should you buy for $25?   One registration to The Best-Ever Year-End Employment Law Review that  Five Employment Law Bloggers Have Ever Presented Join me, along with Eric Meyer (of The Employer Handbook Blog), Jeff Nowak (of FMLA Insights), Dan Schwartz (of the Conne...
Tags: Law, Eric Meyer, Jeff Nowak, Dan Schwartz, FMLA, SHRM, Jon Hyman, EST, Kate Bischoff, HRCI

WIRTW #530 (the “trick-or-treat” edition)

Imitation is the sincerest form of flattery, correct? View this post on Instagram It’s so embarrassing when someone shows up wearing the exact same costume. #sorcle #twinning A post shared by Jon Hyman (@jonhyman) on Oct 28, 2018 at 2:27pm PDT Here's what I read this week: Discrimination SCOTUS Watch: 2 High-Profile LGBTQ Cases Before The High Court — via Above the Law To...
Tags: Law, Connecticut, Irs, Nlrb, New Jersey Law Journal, Eric Meyer, Browning Ferris, Jeff Nowak, OSHA, Dan Schwartz, FMLA, Jon Hyman, Suzanne Lucas, PhRMA, Hunton Employment Labor Law Perspectives, Verge Trump

Medical Issues: Can Employers Question Your Reason for FMLA Absence

My question involves labor and employment law for the state of: Georgia My employer has instituted a policy of questioning the purpose of intermittent FMLA leave AND whether the absence is for an appointment or an episode. They are also now requesting medical/ doctor's notes for all FMLA leave. Of course, depending on your medical condition and reason for FMLA, not all leave will result in a doctor's visit. Does this currently violate any FMLA, DOL, or HIPAA laws or regulations? Thanks.
Tags: Law, Employment and Labor, HIPAA, FMLA, Georgia My