Practical HR Tips, News & Advice. Updated Daily.
An employer may not terminate or otherwise discriminate against an employee in retaliation for engaging in an otherwise protected activity—for instance, making a discrimination complaint or participating in the investigation of a discrimination complaint.
By Sarah Caldwell Breslin, JD The U.S. Court of Appeals for the 7th Circuit—which covers Illinois, Indiana and Wisconsin—recently ruled that a Columbus (Indiana) teacher who claimed his contract wasn’t renewed for discriminatory reasons should have his Family and Medical Leave Act (FMLA) claims heard by a jury.
By Susan Schoenfeld, JD In an all-out blitz, the U.S. Department of Labor (DOL) has undertaken a number of efforts to encourage states and private employers to support paid leave. Included in those efforts:
By Susan Schoenfeld, JD The U.S. Department of Labor (DOL) has announced a proposed rule to implement Executive Order 13706, Establishing Paid Sick Leave for Federal Contractors. Executive Order 13706 was signed by President Barack Obama on September 7, 2015, and requires parties that enter into covered contracts with the federal government to provide covered […]
We have an employee who has had excessive absences this year (over a dozen). All employees are given three sick days annually. Our policy says that if you (the employee) are absent with sick pay you will have 20% of your commission reduced. If you are absent but have no more sick pay accrual, you […]
By Stephen W. Jones, JD The 8th Circuit—which covers Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota—recently held that presenting a doctor’s note to her employer entitled a pregnant employee to the protections of the Family and Medical Leave Act (FMLA), and the employer’s decision to fire her on the last day of […]
What records should employers keep about their employees in relation to the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA)? Who are employers permitted to disclose medical information to under each law?
Yesterday we heard from Susan Prince, JD, MSL, and legal editor at BLR®, concerning the complexities of joint employment. Today we’ll hear what she has to say about joint employment and the Family and Medical Leave Act (FMLA). By Susan Prince, JD, MSL, Legal Editor at BLR FMLA and Joint Employment The analysis for determining […]
This article is part of a series that compares and contrasts various aspects of the two laws.
By Jodi R. Bohr, JD The Family and Medical Leave Act (FMLA) creates two substantive employee rights: (1) to use a certain amount of leave for protected reasons and (2) to return to her job or an equivalent job after using protected leave. Employers are prohibited from interfering with an employee’s substantive FMLA rights or […]