The U.S. Department of Labor (“DOL”) recently opined in a published opinion letter that elective organ-donation surgery can qualify as a “serious medical condition” under the Family and Medical Leave Act(“FMLA”). See U.S. Dep’t of Labor, Wage & Hour Div., Opinion Letter (Aug. 28, 2018). The surgery qualifies as a serious medical condition if it […]
posted on March 9, 2017 by
3 Mistakes To Avoid When Handling Intermittent FMLA Leave
Law360, New York (March 8, 2017, 9:07 PM EST) — While most employers have fine-tuned their practices for administering leave under the Family and Medical Leave Act, experts say the statute’s allowance for intermittent leave — shorter, less predictable absences — still often leaves employers flustered and open to legal woes. Passed in 1993, the […]
posted on March 13, 2015 by
EEOC and DOL Address GINA Concerns in FMLA Forms Requested by Employers.
EEOC Office of Legal Counsel staff members wrote the following letter to respond to a request for public comment from a federal agency or department. This letter is an informal discussion of the noted issue and does not constitute an official opinion of the Commission. GINA: FMLA Forms and GINA Confidentiality and Disclosure Provisions November […]
posted on August 14, 2014 by
Rising Tide Of FMLA Claims Unlikely To Recede, Attys Say
Family and Medical Leave Act (“FMLA”) lawsuits tripled from 2012 to 2013, a surge lawyers attributed to factors including workers’ increased awareness of their rights and an improving job market. And though businesses are becoming more savvy about their obligations, lawyers say the upward trajectory of FMLA claims isn’t likely to level off in the […]
posted on August 5, 2014 by
Retail Employers Need To Know Pregnancy Accommodations
Retail employers struggle to avoid pregnancy discrimination and accommodation claims because the law on this issue appears to be ever-changing. Indeed, just recently the U.S. Supreme Court agreed to hear Young v. United Parcel Service Inc. to determine whether the federal Pregnancy Discrimination Act requires an employer providing accommodations to nonpregnant employees must provide those […]
posted on November 20, 2013 by
Can An Indefinite Leave Of Absence Be A Reasonable Accommodation?
One of the most difficult issues an HR professional or in-house employment counsel faces is how to deal with an employee who cannot return to work after FMLA leave expires. Is additional leave required? What law applies and what are the obligations for an employer in this situation? Despite the uncertainty of what additional leave […]
posted on August 20, 2013 by
Depression in the Workplace: Strategies for Seamlessly Handling FMLA Requests and ADA Accommodations
Medically speaking, the term “mental illness” describes a plethora of mental and emotional disorders ranging from mild anxiety to more serious conditions such as depression that significantly interfere with major life activities including learning, working, and simply communicating with others. Legally speaking, “mental illness” isn’t quite as easy to define, yet employers are expected to […]
