This case highlights the importance of making sure managers follow company policies to the letter. When they don't, it can lead to legal headaches like this one. In Roberts v. Gestamp West Virginia, the Fourth Circuit gave a fired employee…
FMLA
A federal appeals court has ruled that an employer can violate the FMLA even without denying an employee’s request for FMLA leave. How is this possible, you ask? Let’s take a look at what happened in a recent case, which…
Every day, companies have a chance of being notified of a claim or government audits. Some may seem simple on the surface, but small and midsize companies can be more crippled if an audit or claim strikes. While a simple detail…
An EEOC suit filed against a government contractor has ended with an agreement that calls for the contractor to pay more than $1 million and take other steps to resolve charges that it discriminated against employees with disabilities in violation…
When are expectant fathers entitled to FMLA leave? And what exactly are they entitled to? What about FMLA leave for new fathers? A new ruling from the Eleventh Circuit provides valuable insight that can be applied when assessing FMLA for…
Is high blood pressure a legitimate reason to take FMLA leave? The question came up in a case from Arkansas. Here was the scenario. An employee missed work without warning for a week. His reasoning? He was just diagnosed with…
Human Capital Management (HCM) systems are supposed to streamline HR processes, increase efficiency and reduce costs. However, the HCM systems in place at many companies may be the source of damaging money leaks. An inefficient HCM system can drain company…
With respect to FMLA leave, sometimes a question comes up as to whether leave was properly requested. That's where the duck test can come in. If it walks like a duck, quacks like a duck and looks like a duck,…
This case shows just how tricky things can get when the ADA and FMLA overlap. Here, an employee exhausted her FMLA leave and then sought an accommodation: remote work. When the company -- a law firm -- denied her request…
A termination is justified if an employee is caught stealing, right? Not necessarily. This case shows that everything isn’t black and white — especially when managers make mistakes during the termination process. Key takeaways for HR: Not every manager has received…
When it comes to laws that require HR pros to put on their thinking caps and really think things through, the federal Family and Medical Leave Act is near the top of the list. From eligibility issues to how to…
More than half of employers (55%) are having some kind of conversation about workplace mental health, according to a survey of workers and employee benefits leaders by Lyra. However, that also means 45% of employers are not openly talking about…
The basic premise of the FMLA is pretty straightforward: Eligible employees are entitled to take job-protected leave for specified family and medical reasons. But as HR pros know, the law has produced some tricky issues – and includes some rules…
A national company will pay more than $67,000 after making a paternity leave mistake that looked a lot like retaliation to the DOL’s Wage and Hour Division (WHD). First things first: Under the Family and Medical Leave Act (FMLA), both…
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…
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?…
