Articles and Blogs

It doesn’t happen often but when it does it can be a very big deal – personally.  Because of how the term “employer” is broadly defined by the Fair Labor Standards Act (“FLSA”) (which deals with wages, hours and overtime), it has long been possible for a manager to be considered an “employer” and... READ MORE

Discharge for Lactation Is Sex Discrimination In a recent decision, a federal appeals court held that a termination for “lactating or expressing milk” is sex discrimination under Title VII because it would clearly impose upon women “a burden that male employees need not – indeed, could not – suffer.”  The Court also ruled that... READ MORE

Your Leave Is Up – Sorry but You’re Fired Many employers have medical leave policies.  Most of those policies allow leave for a maximum duration often three to six months or even up to a year.  The FMLA, of course, guarantees job protection for 12 weeks.  But what is an employer to do if... READ MORE

Often times when an employee is at home while on an approved FMLA leave, work-related questions will arise that only the employee can answer.  So, the manager or a co-worker will call the employee at home and get the answer.  Usually that’s not a problem – but it could be depending on how often... READ MORE

As we reported in our February 12, 2013 HR Insights blog positing New FMLA Regs and New FMLA Poster – March 8, 2013, the new FMLA regulations made several changes to the provisions dealing with military servicemembers and their families.  Besides requiring a new FMLA poster that addresses these changes, the U.S. Department of Labor Wage-Hour... READ MORE

The FMLA requires employers with 50 or more employees to grant up to 12 weeks of leave for, among other things, time off that is needed to care for an adult son or daughter over the age of 18 who is “incapable of self-care because of a disability.”  Ever since the Americans with Disabilities... READ MORE

Did Daughter Really “Need to Care for” Mom in Las Vegas? A jury is going to decide the winner of this game.  Recently a district court in Illinois denied an employer’s motion for summary judgment when it fired an employee who traveled with her mother to Las Vegas in order to “care for” her terminally ill... READ MORE

Job Assignment Leads to Panic and Anxiety A long-term care employer fired a nurse for “patient abandonment” after the nurse went to the Human Resources Department in a state of panic because she was going to be assigned to a unit for which she had not been trained.  Her supervisor had told her that... READ MORE

One Last Chance or Set Up to Fail? Faced with an underperforming employee, an employer will often give the employee a chance to prove himself one last time before termination.  Sometimes that approach can backfire if not done carefully – especially if the employee can claim some legal protection – like using FMLA. READ MORE

When is “Treatment” actually treatment under the FMLA? Imagine that your employee who has been diagnosed with anxiety and chronic back pain asked for FMLA leave for an afternoon doctor appointment.  Your employee had already provided a doctor’s certification that his condition required periodic treatments but the afternoon appointment was with a different doctor.  So, you... READ MORE