Disability and Leave Management Mistakes Just Got More Costly!

Disability and Leave Management Mistakes Just Got More Costly!

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. 

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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.

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Handling Intermittent, Unpredictable Leave Requests After FMLA Ends: Additional Analysis of My Webinar with EEOC Commissioner Feldblum (Part II)

By | FMLA Insights | June 30, 2016
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.

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Be Careful Not to Interfere with FMLA Leave – Mandatory Overtime Must Be Counted Towards FMLA Entitlement

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.

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