…surrounding a positive drug test involving CBD. But, in many instances, you can fire someone simply because they test positive for marijuana. (That said, unless you operate in an industry…
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Why did this company seemingly offer FMLA leave to an employee it planned to fire?
…Fifth Circuit Family and Medical Leave Act decision involving a company that fired an employee two months into his leave. The issue was whether the employee had sufficiently pled causes…
195,000 reasons to remember that state family leave laws don’t always track the FMLA
If you operate a business in a state that has a family and medical leave law, be careful when that state law does not overlap precisely with the…
Sorry, no, employers cannot unilaterally reduce FMLA leave entitlements below 12 weeks
“Oh, word?” — none of you, hopefully. The Family and Medical Leave Act states that an eligible employee “shall be entitled to a total of twelve workweeks…
The EEOC has new caregiver discrimination guidance. I’ll sum it up for you in two words.
…personal responsibilities. Depending on the circumstances, this also may violate the Family and Medical Leave Act enforced by the Department of Labor or similar state or local laws. It also would be…
How do employees get paid for work performed on the Sunday of Daylight Savings?
For those of you with businesses in Hawaii, most of Arizona, Puerto Rico, the U.S. Virgin Islands, Northern Mariana Islands, Guam, and American Samoa, you can skip today’s…
How much medical information can we get from employees who may have disabilities?
The Americans with Disabilities Act has strict rules about the scope and manner of disability-related inquiries and medical examinations of workers. For example, do you remember that post…
The lengths to which some will go to get FMLA leave — like faking pregnancy. . . three times
…that the employee needed several weeks of rest following the delivery. As a result, the employer approved about seven weeks of pay under the Family and Medical Leave Act. The…
From the archives: 🔎Your post-Super Bowl guide to spotting employee FMLA or other sick leave abuse🔍
I had this great post planned for today about the millions of American workers who skip work the day after the Super Bowl — and what employers…
What the heck is ‘bleisure’ and how could your company get sued over it?
…protected class]. Leave rights and accommodations. This gets a little tricky. The Family and Medical Leave Act covers an employee who works remotely (75 miles or more from the employer’s…