With today’s publication of the final guidance and regulations implementing the “Fair Pay and Safe Workplaces” Executive Order (also known as the “Blacklisting” or “Bad Actors” Executive Order), mistakes that violate the FMLA or ADA (along with many other employment laws) could block an employer from lucrative federal contracts or subcontracts.
Employers Need to Be Careful When Counting Mandatory Overtime As Leave Under the Family and Medical Leave Act
In general, the Family and Medical Leave Act (“FMLA”) provides that eligible employees may take twelve weeks of unpaid leave in a twelve-month period for the serious health condition of the employee, the employee’s spouse, the employee’s parents or the employee’s children.
The loss of a child is never easy. Effective July 29, 2016, Illinois employers with 50 or more employees must provide eligible employees with up to 10 days of unpaid child bereavement leave following the death of a child.
FMLA FAQ: Must an Employer Accept FMLA Medical Certification from an Online Health Care Provider? and What if It’s an LCPC?
Q: Our employee is trying to support his need for FMLA leave with medical certification from an online health care provider. Is this valid under the FMLA? And What if It’s a Licensed Clinical Professional Counselor?
Does an FMLA Leave Request Double As a Request for a Reasonable Accommodation? Should Employers Care?
There is a hot debate brewing over the tantalizing question, “Does a request for FMLA leave also constitute a request for a reasonable accommodation under the ADA?”
Chronic Conditions: Can an Employer Deny FMLA Leave When an Employee Does Not Attend Two Doctor Visits in One Year?
Frank, your night custodian, reports that he suffers from Crohn’s disease, a chronic condition that will cause him to miss work when the condition flares up from time to time, including his absence yesterday.
Recently you’ve noticed that an employee takes FMLA-covered leave the same week every year or always seems to have a medical emergency between Thanksgiving and January 1.
Handling Intermittent, Unpredictable Leave Requests After FMLA Ends: Additional Analysis of My Webinar with EEOC Commissioner Feldblum (Part II)
Thanks again to those who attended my June 23 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.
Chicago Poised to Pass the Latest Employee Paid Sick Leave Law, Following the Lead of Other Cities, States
This past week, my colleague, Lindsey Marcus, reported on new paid sick leave legislation that is about to become law in Chicago.
Be Careful Not to Interfere with FMLA Leave – Mandatory Overtime Must Be Counted Towards FMLA Entitlement
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.