We’re just a few months away from the Presidential election. That means that the debates are right around the corner.
Yesterday, started a week-long series of hypothetical debate question for the 2012 candidates for President and Vice President. Click here to see the softball that I tossed President Obama.
Let’s see if I can raise my game for Mitt Romney:
Last month, in this post, I addressed a recent opinion in which the court held that the words “Emergency Room,” when uttered by an employee to his employer are enough to put the employer on notice — at least initially — that the employee needs leave under the Family and Medical Leave Act to care for a parent with a serious health condition.
In another recent opinion (here), the Seventh Circuit Court of Appeals examined inquiry notice under the FMLA to determine whether causal conversation about a loved one’s health — without mentioning the letters FMLA — is enough to alert an employer to the seriousness of a health condition so as to trigger the need for FMLA leave.
The Court held that it did not:
I’m back, jack.
And I have some hella-tough shoes to fill, following Janette Levey Frisch‘s killer two-part guest-blogger series on the interplay between the Family and Medical Leave Act and the Americans with Disabilities Act. You can find Part One here and Part Two here.
So, we all know by now that if a disabled employee requests that his employer afford him a reasonable accommodation to allow the employee to perform the essential functions of his position, the employer must do so (assuming a reasonable accommodation exists). That’s ADA 101.
Today, Janette Levey Frisch is back as guest blogger to wrap up her two-part series on the interplay between the between the Americans with Disabilities Act and the Family and Medical Leave Act. (You can read Part One here).
Janette is In-House Counsel at Joule, Inc. where she provides comprehensive legal representation and support to a staffing company with five subsidiaries throughout the East Coast. You can connect with Janette on Twitter here and on LinkedIn here.
Click through to read more about how the FMLA and ADA may cross paths in your workplace….
(And if this awesome two-part series inspires you to want to guest blog at The Employer Handbook? Email me.)
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Today we have a guest blogger at The Employer Handbook. It’s Janette Levey Frisch. Janette is In-House Counsel at Joule, Inc. where she provides comprehensive legal representation and support to a staffing company with five subsidiaries throughout the East Coast. You can connect with Janette on Twitter here and on LinkedIn here.
Part one of Janette’s post on the interplay between the Americans with Disabilities Act and the Family and Medical Leave Act, an HR-compliance must-read, follows after the jump…
(Want to guest blog at The Employer Handbook? Email me.)
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And here I thought close only counted in the first two…
Who knew that close enough is good enough under the Family and Medical Leave Act (FMLA) when meeting the 1,250-hour eligibility requirement? Apparently, the Second Circuit Court of Appeals in this recent decision. I’ll break it down and provide some related FMLA best practices after the jump…
As you know from this post, an employee who wants leave from work under the Family and Medical Leave Act (FMLA), does not need to use the word, “FMLA.” Instead, the employee need only provide enough information for the employer to understand that the employee needs FMLA leave.
So what about the words, “Emergency Room”? That is, if an employee calls her supervisor and says:
“I am currently in the emergency room. My mother has been brought into the hospital via ambulance, and I am unable to work today.”
Can that trigger an FMLA request? Find out after the jump…
Inconsistent discipline is bad. But, when an employee’s request for leave under the Family and Medical Leave Act precedes the inconsistent discipline by only 48 hours, damn, that’s not just a lawsuit, that’s jury-verdict material.
The details on this bloodbath and a few lessons for my employer-readers after the jump…
Documentation is good; smoking-gun emails from the HR Manager not so much.
After the jump, I’ve got a few doozies which now have a financial institution going to trial on a former employee’s age-discrimination and Family and Medical Leave Act claims.
In the world of Human Resources, “hire slow, fire fast” generally holds true to avoid just about any lawsuit.
Unfortunately, for one NJ employer, it didn’t get the memo. And now it finds itself having to defend against FMLA interference and retaliation claims at trial.
What did this employer do wrong and how can you avoid making the same mistake? Find out after the jump…
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