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FMLA

Firing after FMLA leave: How soon is ‘too soon’ to trigger retaliation?

03/18/2021
When it comes to the FMLA, courts will always pull out their calendars to see how closely the employee’s protected activity (requesting or taking FMLA leave) coincides with the adverse action handed down by the employer (discipline, termination, etc.). The smaller the time, the bigger your risk of losing an FMLA-retaliation lawsuit.

New coronavirus relief law affects HR’s work

03/16/2021
The $1.9 trillion American Rescue Plan Act of 2021 does more than provide for $1,400 stimulus checks and expanded unemployment benefits. It reaches into the HR function, extending employer subsidies for paid time off, offering government help to pay COBRA premiums and increasing the amounts employees may shelter from taxes in dependent care accounts.

DOL targeting employers for FMLA violations

03/11/2021
Workers who believe they were unlawfully denied FMLA leave usually head directly to federal court to file lawsuits. Unlike most federal employment laws, the FMLA doesn’t require any preliminary agency action—like filing an EEOC complaint—before litigation can begin.

HR’s next crisis: Managing the return of covid-19 ‘long-haulers’

03/09/2021
With covid-19 vaccination rates climbing and the worst of the coronavirus pandemic starting to recede, employers are becoming more optimistic that the world of work could soon return to normal. But the coast is not yet clear.

Explain: pregnancy accommodations temporary

02/03/2021
If the worker takes FMLA leave, she’s entitled to return to her old job when leave is over. Without clear records that the employer means the accommodation to be temporary, she may later argue she was denied reinstatement to the last position she held.

DOL adjusts penalties for 2021

02/02/2021
The Department of Labor has announced the 2021 inflation adjustments to penalties for employers that violate of the Fair Labor Standards Act, the FMLA and the Employee Retirement Income Security Act.

Telemedicine OK to certify need to grant FMLA leave

01/07/2021
The Department of Labor now considers a telemedicine consultation with a health care provider sufficient to determine someone has a serious health condition that warrants FMLA leave.

FFCRA to expire Dec. 31: Will it be extended?

11/19/2020
When Congress passed the Families First Coronavirus Response Act in March, it set the law to expire on Dec. 31. The virus is still raging and Congress is now considering extending into 2021 the law.

3 questions, 3 answers on parental leave for kids’ schooling during coronavirus

10/28/2020
In her recent webinar, FMLA Master Class: The Evolution of Paid Leave, attorney Anniken Davenport fielded questions regarding the emergency paid leave law that went into effect nationwide as a response to the coronavirus pandemic–and specifically, what the law means for employees with school-age children.

Defeat bias lawsuits with well-crafted policies

09/10/2020
One of the best ways to beat employee allegations that they were disciplined or fired because of discrimination: Show the court you have comprehensive policies on discipline that you enforce consistently.