FMLA

Never count FMLA leave against employees when tallying attendance

10/04/2024

Under the FMLA, employees who take leave for a covered reason are not supposed to be penalized for doing so. The FMLA is an entitlement statute, meaning employees who qualify for FMLA leave must receive it with no penalty. That means employers need to ensure that FMLA time off isn’t counted against the employee at evaluation time, when planning a layoff or calculating a performance bonus and so on.

Learn from EEOC’s first PWFA lawsuit: Accommodate pregnancy differently than disabilities

10/04/2024

The EEOC has filed its first lawsuit alleging violations of the Pregnant Workers Fairness Act. Court papers outline a litany of mistakes employers make when pregnant employees ask for reasonable accommodations.

Consider benefits for nursing mothers

08/22/2024

Medela, a leading provider of breast milk pumping equipment, and Mamava, the creator of nursing pods, teamed up to survey new mothers about their nursing needs as they return to the workplace. The results highlight why offering more than the minimum legally required breaks for milk expression may be a welcome benefit, encouraging retention and a reputation for being an employer of choice for new parents.

FMLA leave begins at birth, not before

08/22/2024

The days immediately preceding a child’s birth are exciting. And who could blame a dad for wanting to experience it by taking FMLA leave? The 11th Circuit, however, has ruled that FMLA leave begins when the child is born, not before, so an employee who was terminated for absences he racked up before his child was born was fired legitimately.

Million-dollar mistake: Nonprofit employing disabled workers zapped for disability bias

08/14/2024

One would assume that a nonprofit company created to employ disabled workers would be up on anti-disability discrimination rules. Alas, no, if a recent EEOC settlement is any indication.

Here’s what the EEOC’s lawyers are focusing on this year

08/12/2024

Despite the looming election and Supreme Court decisions that could eventually curtail the influence of federal agencies, the EEOC continues to push an aggressively pro-employee agenda, and it’s committed to filing lawsuits against employers that violate anti-discrimination and anti-harassment laws.

Empower supervisors to accommodate pregnant subordinates

08/09/2024

The Pregnant Workers Fairness Act requires employers to reasonably accommodate pregnancy-related conditions. Recently issued EEOC guidance on the PWFA makes it clear that employers need to empower first-line supervisors to make many of those accommodations on the spot with little or no documentation. A recent case highlights why it’s essential to delegate PWFA accommodations authority to front-line managers and supervisors.

FMLA, ADA and attendance: Consider health problems before firing for failing to call off

07/29/2024

Ordinarily, employers can require employees to notify their boss if they anticipate having to miss work. But there’s an exception for those times when the employee simply can’t make that call because of their disability or serious health condition. Always double-check and consider the circumstances before making a final discipline or termination decision based on an employee’s failure to call.

Paging all humans: The FLSA & the FMLA still need you

07/17/2024

Artificial intelligence has taken firm hold in American workplaces. By far, the focus is on how generative AI will either streamline tasks or supplant employees altogether. The Department of Labor isn’t buying the employees-will-soon-be-replaced talk. Human oversight is still necessary to the proper functioning of the Fair Labor Standards Act and the Family and Medical Leave Act, the DOL concluded.

Prepare to comply: Final PWFA rules now in effect almost everywhere

06/21/2024

Final rules implementing the Pregnant Workers Fairness Act took effect June 18, with partial exceptions limited to employers in Louisiana and Mississippi, employers affiliated with the Catholic Church and state government agencies in Texas. That means almost all employers must now comply with the final PWFA rules.