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Articles Posted in Family and Medical Leave

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An employer is learning the hard way that workers’ compensation is not a shield against the FMLA

Chrisdesign, CC0, via Wikimedia Commons I’m going to tell you about a Family and Medical Leave Act lawsuit that, IMHO, could have easily been avoided. But before I do that, in keeping with the theme of this post, I want to invite you to a special edition of The Employer…

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A woman with back issues and trouble sitting for long stretches flew around the world to Thailand. FMLA abuse, much?

Image by net workerz from Pixabay Apparently, her employer and the court thought so. That ominous sequence does not portend a successful FMLA lawsuit. Yet, that didn’t stop our plaintiff today from filing suit. Here are the underlying facts: The plaintiff asked her employer (the defendant) for permission to vacation…

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How will the American Rescue Plan’s FFCRA (paid leave) changes impact employers?

Image Credit: Photofunia.com Spoiler Alert: Not much. But, since President Biden’s signature later this week will be the finishing touch on making his American Rescue Plan law, I’ll break it down for you anyway. FFCRA remains voluntary. If your private-sector business has fewer than 500 employees, you can continue to…

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Ok, so what employment-related claims can a man with a pregnant wife file?

pregnant couple by b farias from the Noun Project Yesterday, I told you that a man couldn’t bring a pregnancy bias claim under Title VII of the Civil Rights Act of 1964. But, a bunch of you actual and aspiring employee-rights attorneys had ideas to prove me wrong. You…you’ve got…

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What an NBA coach can teach us about mental health during the COVID-19 pandemic

Image by 1shortdesign from Pixabay A few weeks ago, one of the EEOC Commissioners asked me what more the U.S. Equal Employment Opportunity Commission could do to assist the HR community. Right at the top of my list was a request for additional guidance on how businesses can help employees…

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With a Democrat advantage in Congress, maybe keep on eye on these two pieces of employment legislation

Last week, both the House and the Senate re-introduced two pieces of prior legislation. One would overhaul federal labor law — oh, is that all? The second is a new(ish) paid family leave bill that never made it to the President’s desk for signature. But, this time around, with the…

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The CDC has a new vaccine communication COVID-19 toolkit. Plus, President Biden proposes even MORE employment law changes. 😱

Image by OpenClipart-Vectors from Pixabay Last week, I shared with you eight ways that President Biden changed employment law on Day One. It took me a while to cobble together that post. So, I was kind of hoping that “46” would take a few days off or something so that…

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President-Elect Biden published his first HR compliance wish list. (And you won’t believe No. 3!)

Gage Skidmore from Peoria, AZ, United States of America, CC BY-SA 2.0, via Wikimedia Commons I always click on those “And you won’t believe No…” posts. How about you? But, seriously, last week, President-elect Joe Biden’s transition team announced his American Rescue Plan through which he plans to “change the…

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The DOL spent NYE updating its FFCRA guidance and issuing new wage and hour letters

Dance Party by Blaise Sewell from the Noun Project While you were busy partying at home like it’s 1999 (cue music) or on Zoom with friends, or playing socially-distanced Cards Against Humanity, or whatever it is that HR folks do to let off a year of scalding-hot steam, the U.S.…