Human Resources News & Insights

Court slaps employer with $83K fine for ‘intentional’ COBRA violation

When it comes to complying with the Consolidated Omnibus Budget Reconciliation Act — or COBRA — mistakes will happen, and courts understand that. But it’s egregious errors like this they won’t stand for. 

Replaceable or not: You still have to grant them FMLA leave

This employer was shoved between a rock and a hard place. But management chose to handle the situation … um … poorly. 

Court outlines how much ‘work’ those on FMLA leave can be asked to do

Your managers’ definition of “work” and a court’s definition of “work” may not belong in the same dictionary. As a result, you probably want to share this FMLA ruling with your managers. 

When is it too late to request FMLA leave? Court draws the line

Employers have to bend over backwards to make sure they’re not violating an employee’s right to job protected leave. But one federal appellate court just ruled there are limits to how far employers must bend.

Tricky question: Must you pay commissions to those on FMLA leave?

The law specifically says FMLA leave is to be unpaid. But can that regulation be taken at face value? Apparently not – because that would make things too easy for employers. 

Do medical errands count as FMLA leave?

A man sued his ex-employer after he was terminated for missing work to pick up a prescription and referral paperwork. He claimed the errands should count as part of his intermittent FMLA leave. Did he win?

FMLA: Attorney recommends 4 must-dos when leave is requested

When an employee requests to take leave from his or her job, there are four steps you must take before determining whether the leave is covered under the FMLA.

Employer was generous with FMLA leave, but got sued anyway

Sometimes, no matter how generous you are with leave benefits, some employees still won’t be satisfied. The good news: You can beat them in court.

FMLA: Second opinion not enough to reject leave

The outcome of a new Family Medical Leave Act (FMLA) lawsuit offers up a valuable lesson for employers.

Alcoholics and FMLA: How far can they push the envelope?

This worker clearly had an alcohol problem. But did her employer do what was required to help her?