One company terminated an employee with performance problems – but ended up in court because he was on protected leave at the time. Here’s why a court ruled against the company. Fired two months in James Hester worked as an engineer for Texas-based company Bell-Textron Inc. for more than 20 years. During his time there, […]
Maternity leave is an important employee benefit, and many U.S. employers are legally required to provide it. Put simply, maternity leave is time off from work for new mothers. This time off can be paid or unpaid. It is important because it provides multiple benefits to employers and their employees – and greatly benefits the […]
FMLA obligations don’t kick in unless an employer qualifies as a “covered employer” under the statute. Sometimes, determining whether an employer is covered can get a little tricky. The questions abound: How many employees must be retained? For how long? What if we straddle the minimum number over the course of time? What about part-time […]
HR pros know that issues surrounding available FMLA leave can get complicated and difficult to manage. A new opinion letter from the federal Department of Labor (DOL) shows how careful employers must be about limiting employee use of leave – and calculating available leave time properly. In the letter, the DOL advises that an employee […]
When considering an FMLA claim and some other kinds of claims, one way courts determine whether A caused B is timing. Say an employee exercises a legal right by doing something an employer may not like – such as requesting a leave – and then gets fired almost immediately. That timing suggests that the termination […]
Breaks, the Family and Medical Leave Act (FMLA) and nursing moms — new guidance from the federal Department of Labor (DOL) helps employers make sure they are applying the rules correctly to teleworkers. In a Field Assistance Bulletin, the DOL addresses three important topics regarding teleworkers: Paying teleworkers properly, particularly with regard to break time […]
An employer can violate the FMLA simply by discouraging an employee from taking FMLA leave, a federal appeals court ruled. Importantly, this means employees can prove an FMLA violation without showing that a request for leave under the statute was actually denied. The ruling demonstrates the breadth of protection afforded to employees under the FMLA’s […]
Employers have a legitimate interest in preventing FMLA abuse. But of the tools at their disposal to fight that fight, is conducting surveillance on employees one they should use? The short answer: Surveillance is perfectly fine as long as there is good reason for it – and it’s not used to retaliate or interfere with […]
Get up to date with our Blueprints.
