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…
In my years of practicing employment law, I’ve drafted several employee handbooks and Family and Medical Leave Act (FMLA) policies for employers. The policies I draft are thorough. But just the other week, it occurred to me that I should probably add some language to the effect that supervisors should refrain from recommending the book No More Hysterectomies to any female employee who requests FMLA leave, especially to have a hysterectomy.
That recommendation would be stupider than stupid stupid. And, wouldn’t you know it, a company in Ohio appears to have managed to screw that up.
I couldn’t make this stuff up if I wanted to. Well, except for the part about the policy revision. That’s pure BS. But the screw-up is not. Details after the jump…
Late last year, the US Department of Labor issued this fact sheet, which provides general information concerning the Family and Medical Leave Act’s (FMLA) prohibition of retaliating against an individual for exercising his or her rights or participating in matters protected under the FMLA.
Last month, the DOL followed up with the “Family and Medical Leave Act Employee Guide,” a copy of which you can download here. A related webinar, which the DOL held on June 27, includes a list of frequently asked questions. You can view it here.
Although geared towards employees, these are both nonetheless good reads for HR professionals looking to hone their FMLA chops.
That according to a a new survey from The National Partnership for Women & Families.
The survey compared how state-based rights and protections compare to the 12 weeks of leave for new and expecting parents provided by the federal Family and Medical Leave Act (FMLA), the protections provided by the Pregnancy Discrimination Act (PDA), and the right to express breast milk at work provided to some nursing mothers under the Fair Labor Standards Act (FLSA).
The report card covers all 50 states, plus the District of Columbia. No state earned an A. Only 1/3 scored a C- or higher, while more than 1/3 flat-out failed. The highest grades went to California and Connecticut, each earning an A-. Locally, New Jersey ranked near the top with a B+, while Pennsylvania scraped by with a D.
One of my favorite reads on NJ employment law is Ogletree Deakins’s New Jersey eAuthority. The June 2012 issue highlights several pieces of legislation now pending in NJ of which employers should take note. I’ve summarized four of them after the jump…
Cool image, huh? I drawed it myself. The fact that I took the time to do that suggests that I am in no condition to blog intelligently. Plus, Pandora is on the fritz, so I am all sorts of pissy. Therefore, before I turn out the lights and lock the door at the office, how about some Slipknot — anger issues, Eric? — and “That’s what he said” after the jump…
Stop me if you’ve heard this one before…
Oh, it gets better..after the jump…
Yesterday, the U.S. Supreme Court in Coleman v. Court of Appeals of Md. held that state employees have no cause of action under the self-care provision (last bullet point in the hyperlink) of the Family and Medical Leave Act. In plain English, if you work for a State employer, and you need time off work for a serious health condition that leaves you unable to perform the essential functions of your job, the FMLA does not require that your employer give you any time off.
Yesterday’s SCOTUS opinion does not affect the FMLA rights of two classes of eligible employees:
- Employees of public agencies; and,
The Employer Handbook Blog