On May 13, 2016, in Hernandez v. Bridgestone Americas Tire Operations, the 8th Circuit Court of Appeals held that mandatory overtime hours may be deducted from an employee’s FMLA leave entitlement, but similarly, mandatory overtime hours must be included when calculating total FMLA leave entitlement.
Since June 2011, when the EEOC suggested it might issue guidance on leave as a reasonable accommodation under the ADA, we have likened the wait to waiting for Godot. See here and here.
A recent decision offers a not-so-friendly reminder to HR professionals and supervisory employees: you can be individually liable for FMLA violations if you review, approve, and correspond with employees regarding their FMLA leave.
As spring turns into summer and the weather warms up, employers may notice an increase in employee absences.
The U.S. Equal Employment Opportunity Commission (EEOC) issued a new resource document today titled: Employer-Provided Leave and the Americans with Disabilities Act. A few weeks ago, I wrote about the Department of Labor’s new guide: The Employer’s Guide to The Family and Medical Leave Act.