How School Reopening Plans May Affect Paid Leave for Working Parents and Employers by Judy Garner
The Friday and Monday Leave Act or the Family and Medical Leave Act: FMLA, Part 2
The Friday and Monday Leave Act or the Family and Medical Leave Act: FMLA, Part 1
Developments in New York State Labor and Employment Law – What You Need to Know in 2020
HR Law 101 Ep. 10: Are You Aware of the Family Medical Leave Act? Part 1
HR Law 101 Ep. 8: Handbooks and What to Include Part 3
[WEBINAR] Labor & Employment Law: What Changed in 2017
I-16 – Kneeling, Indefinite Leave, DC Updates, Non-Compete Consideration, and Pretty as a Protected Class
Annual Labor & Employment Update 2013
In 2022, the Maryland General Assembly passed the Time to Care Act of 2022 (the “Act”), setting up a paid family and medical leave program for Maryland employees. Through Family and Medical Leave Insurance (“FAMLI”), eligible...more
Question: We have an employee whose essential functions require the use of their hands. They have requested an accommodation, and their physician has recommended time off until specific medical restrictions can be determined....more
Governor Kotek signed a bill into law today harmonizing Oregon’s overlapping and confusing set of leave laws. The new framework distinguishes different types of leave events under the state’s various laws and stops those...more
In last week’s EmployNews, we discussed a growing trend of employees basing requests for remote work on mental or physical disabilities, and therefore requesting accommodations under the Americans with Disabilities Act. In...more
Does either party get the benefit of consideration when an employer and an employee disagree about the choice of a reasonable job accommodation for an employee who has sustained a disabling injury? This was an issue when the...more
This is the second installment in our series, 10 Tips to Reduce Risk of Employment Claims in 2023. Each tip will discuss an issue our Labor & Employment Practice saw last year, along with suggested action steps that employers...more
Assessing extended leave requests can be one of the most difficult and challenging issues employers face. While many employers are sympathetic to an employee's challenging health issues, a desire to help employees must be...more
One of the things that happen with the Family Medical Leave Act (FMLA) is a disconnect between the complex structure of the FMLA and its practical application. Plaintiff attorneys will sometimes assert in claims that they...more
The U.S. Court of Appeals for the Ninth Circuit, the federal appellate court with jurisdiction over much of the western United States (including Washington, Oregon, California and Idaho), ruled last week that an employee’s...more
Admittedly, it is a tricky situation. An employee needs time off from work because of a medical issue. The employee is not eligible for leave under the Family and Medical Leave Act (FMLA), so the employer cannot call it...more
On December 17, 2021, Bill C-3, An Act to amend the Criminal Code and the Canada Labour Code (Bill C-3), received Royal Assent. Bill C-3’s intention is to provide support, in light of the COVID-19 pandemic, to workers in...more
In a recent opinion, the United States Court of Appeals for the Seventh Circuit affirmed that a multi-month leave of absence is not a reasonable accommodation under the Americans with Disabilities Act (ADA)....more
For Massachusetts employers, or employers with Massachusetts-based employees, Paid Family and Medical Leave (“PFML”) has been on the horizon for nearly two years. By now, you have notified your workforce about benefits and...more
As the number of coronavirus (COVID-19) cases climbs in the U.S. and across the world employers should prepare for practical and legal issues brought on by the disease. While these efforts are complicated by the fact that, to...more
At the time this Insight was prepared, there were eight reported cases of the coronavirus in Canada; three are in Ontario and five in British Columbia. The first of these cases was confirmed on January 25 and the last was...more
Bank Failed to Accommodate Manager With Pregnancy-Related Disability, Federal Agency Charged - BALTIMORE - Manufacturers and Traders Trust Company, doing business as M&T Bank, will pay $100,000 and provide significant...more
2019 brought many changes and challenges to the world of labor and employment – and we expect 2020 to be no different. From drug testing to immigration, the following are issues that those in the labor and employment industry...more
Glynn v. Superior Court, 42 Cal. App. 5th 47 (2019) - John Glynn worked as a pharmaceutical sales representative before he commenced a medical leave of absence for a serious eye condition (myopic macular degeneration)....more
Employers must ensure they understand who is entitled to leave under the Family and Medical Leave Act (FMLA). In a recent decision, a federal court has ordered a plaintiff’s claims to proceed to a jury trial to determine...more
From time to time we are asked what to do in instances where employees are absent from work without permission, and whether such absence constitutes abandonment of the job, and thus – resignation. In a recent judgment it was...more
The EEOC and federal courts have repeatedly said that employees seeking accommodations for disabilities under the ADA do not have to use any “magic words” to trigger the employer’s obligations. A recent decision from the...more
Students across the country are heading back to school, but most state legislatures are either in recess or have adjourned for 2019. States that were still in session in August did advance several significant bills, while the...more
Part III of the Canada Labour Code (Code) and its accompanying regulations, which provide labour standards for federally regulated employers, are scheduled to undergo significant changes pursuant to the coming into force of...more
In the second episode of this two-part series, John Stretton and Rachel Mandel discuss the complexities surrounding the Family and Medical Leave Act and the Americans with Disabilities Act, including no fault attendance...more
Canadian law clearly requires employers to accommodate employees with disabilities unless it causes an undue hardship. But how are employers to deal with employees on medical leave who do not communicate with the employer? At...more