On July 1, 2015, the recent amendments to the California Family Rights Act (“CFRA”) regulations go into effect. Employers who are covered by the CFRA should be aware of these changes as they will impact how they handle family...more
Recently, the Third Circuit has issued two opinions that clarify the Family and Medical Leave Act (“FMLA”) regulations, giving crucial guidance to employers in navigating how to handle employees’ leave requests....more
The changes to employees’ rights to take leave under the California Family Rights Act (CFRA) go into effect July 1, 2015. Your company should be prepared only if it has done the following (...).
The amended CFRA...more
Want a glimpse into a world where an employer fails to maintain a legally compliant leave management process? Let me warn you — what you are about to read is not pretty and not for the faint of heart....more
Determining the essential functions of a job can be tricky, especially if there is no information or documentation with which to compare and consider. In this case, the U.S. Court of Appeals for the Tenth Circuit considered...more
Employers frequently call with concerns about employees who self disclose an alleged disabling condition that is not readily apparent, and who claim substantial limitations as a result. The employer’s concerns center on when...more
It’s the final week of the year, so while everyone else in the world is playing with their latest version of iPhone and other new electronic gadgets, I spend my time analyzing this year’s FMLA blog posts and agonizing over...more
The Family and Medical Leave Act permits employers to require eligible employees to submit medical certification of their need for personal or companionship FMLA leave. Under Department of Labor rules, employees have 15 days...more
The Sixth Circuit Court recently affirmed a jury verdict in favor of an employee in a major Family and Medical Leave Act (FMLA) interference claim. According to the decision, FedEx was liable for failing to provide the...more
The United States District Court for the District of Oregon recently held that an employer's requirement that employees on intermittent leave provide a doctor's note for each absence violated the Family and Medical Leave Act...more
I received a ton of feedback last week in response to my post about whether an employee can decline FMLA leave even though the absence qualifies under the Act. One question, in particular, was thrown at me repeatedly, and it...more
Let's put our heads together on this one. You see, it appears as though far too many employees have bought into the notion that their employer is always responsible for the cost of obtaining medical certification to support...more
Thanks to those who attended my webinar last week with Matt Morris on "Conquering the FMLA Medical Certification Process: Best Practices for Employers."
We covered a whole host of topics during the webinar: How...more
The DOL is on a roll, and employers can't be amused....more
Have you ever made a rash decision that you wish you could take back the second you made it? ...more
It seems that what Yahoo CEO Marissa Mayer taketh, she giveth back. Or something like that. As you will recall, Mayer made waves several months back when she banned all Yahoo employees from working from home, a rather...more
The General Assembly recently passed a bill which expands protections against pregnancy discrimination to employees in Maryland. The bill, which is expected to be signed by Governor O’Malley and, if signed, will take effect...more
We have become more aggressive on suspected cases of FMLA abuse and, as a result, we have sent a greater number of employees for second and third opinions after they turn in medical certification. Once we have received the...more
Employers often outsource to third party administrators the task of managing their FMLA processes. Under this model, the TPA handles FMLA requests, paperwork and approvals instead of the employer's human resources or...more
Over the past month, as we recognized the 20th Anniversary of the Family and Medical Leave Act, advocates for employees and employers have been clamoring for changes to the Act. ...more
New pregnancy regulations proposed by the Fair Employment and Housing Commission (FEHC) were approved on November 30, 2012. The changes to the California Fair Employment and Housing Act (FEHA), which applies to employers with...more
This scenario is all too familiar for employers: shortly before Christmas, your employee requests vacation leave for Christmas Eve and New Years Eve. Due to seniority or the employee's last minute request for time off, her...more
Have your employees' absences from work been a bit more frequent lately? And are you tired of the lame excuses they're providing? After all, there are only so many times your employee's dog can knock over the Christmas...more
California employers should take action promptly to ensure compliance with new state disability and pregnancy disability regulations.
On December 26, California's Office of Administrative Law approved new disability...more
Our thoughts and prayers are with those on the east coast who are attempting to return to some sense of normalcy in the wake of the devastation left behind by Hurricane Sandy.
Natural disasters like Sandy raise a host...more
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