Earlier this month, the U.S. Department of Labor issued an opinion letter concluding that, under certain circumstances, an employee may use leave under the Family and Medical Leave Act (FMLA) to treat a serious health condition when treatment is provided as part of a clinical trial.
Let’s explore why. Continue reading
In the wake of election results earlier this month that will result in a Republican president and a Republican-controlled Congress in 2025, it’s reasonable to expect some changes in employment law. Continue reading
After Tuesday, we have a newly elected Republican president, a Senate soon under Republican control, and a House of Representatives that could still hold a Republican majority. With those changes could come some corresponding shifts in employment law. Continue reading
Stop me if this sounds familiar. Continue reading
In a precedential decision issued on Friday, the Third Circuit Court of Appeals declined to reinstate a plaintiff’s trial court victory for FMLA interference, concluding that when he requested leave for migraine headaches, he did not yet have a serious health condition.
As I write this post on Wednesday night, Hurricane Milton is making landfall in Florida as a category three storm. 1.3 million people are without power, and forecasters warn that Milton could generate a storm surge with inundations of 12-13 feet.
Many of you with businesses in Florida will have closures this week. When companies shut down due to weather, employment issues arise. I can’t cover all of them in this post, but below, I’ve tried to outline some of the more prevalent federal issues with links to helpful resources.
Last week, we discussed an FMLA policy that your business needs to rip from its employee handbook and burn with fire. This week, we revisit an Americans Disabilities Act policy that should end up on the paper shredder: the 100% healed policy.
Employers that maintain a policy of treating any employee unable to return to work following the expiration of FMLA leave as having voluntarily resigned are begging for trouble.
But don’t just take my word for it. Continue reading
The Employer Handbook Blog
