Family & Medical Leave

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    Q If an employee is on some kind of medicine for his back and we notice he has mood swings and can be hostile toward his manager, what rights do we have as the employer? May we require him to bring in a doctor's note? This could be a long-term issue with him. A Obviously, hostility toward a manager is a disciplinary issue, so begin there. From...
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    The Americans with Disabilities Act (ADA) prohibits discrimination against qualified individuals with disabilities. It also requires that employers provide reasonable accommodations to enable qualified individuals with disabilities to successfully perform the essential functions of their jobs. While that seems clear-cut, court interpretations of...
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    Q We would like to establish a policy that provides paid Family and Medical Leave Act (FMLA) leave for corporate employees and nonpaid FMLA leave for all field employees. Is this legal? I’m concerned about a disparate impact. A Paying employees who are on FMLA leave is voluntary. Therefore, nothing in the FMLA requires you to pay field...
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    Sometimes we get questions on how to count intermittent leave against an employee's Family and Medical Leave Act (FMLA) allotment. Here's a reminder. The regulations were changed in March 2013. The changes clarified that employers must track intermittent leave using the smallest increments of time used for tracking other forms of leave (e.g.,...
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    An employer failed to forward the short-term disability (STD) premium it deducted from an employee's paycheck to the insurance company. When the employee filed for STD benefits after she was fired, the insurance company denied her claim. She sued, but the employer escaped liability under the Employee Retirement Income Security Act (ERISA) because...
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    One of employers' most common complaints about administering Family and Medical Leave Act (FMLA) leave is employees' tendency to abuse intermittent leave. When combatting this type of fraud, employers must navigate tricky U.S. Department of Labor (DOL) regulations as well as federal court rulings that limit the type of information that can be...
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    Rhode Island's new temporary caregiver insurance (TCI) program now allows employees to take up to four weeks of paid job-protected leave per year to care for a seriously ill child, spouse, domestic partner, parent, parent-in-law, or grandparent or to bond with a newborn child, new adopted child, or new foster child. Here are a few of the questions...
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    Legislators have returned to Montpelier. One bill employers may want to watch closely this session relates to the provision of paid family leave. Particulars of the proposal House Bill 652 was introduced on January 21, 2014, and has been referred to the House Committee on General, Housing and Military Affairs. The bill proposes establishing a...
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    Under California's kin care law, employers that provide paid sick leave must allow employees to use part of their sick leave to care for family members. United Airlines, Inc., claimed that its employee sick leave plan was subject to the Employee Retirement Income Security Act (ERISA) and thus exempt from state regulation. United's sick leave...
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    Over the last several months, the Equal Employment Opportunity Commission (EEOC) has filed a significant number of lawsuits alleging disability discrimination under the Americans with Disabilities Act (ADA) against employers across the country. The cases are instructive because they highlight the EEOC's current enforcement policies, identify...
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