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Pennsylvania

Lost certification during FMLA? No right to reinstatement

11/02/2016
Employees on FMLA leave aren’t entitled to reinstatement if they can’t perform the essential functions of their jobs.

Ensure employees on leave understand termination rules

11/02/2016
If you have a policy on terminating employees who are out on leave, be sure to issue reminders about the rule and the timeline.

Unpaid intern may be an employee under Pennsylvania Human Relations Act

11/02/2016
The Pennsylvania Superior Court has concluded that the Pennsylvania Human Relations Act may include an unpaid intern as a covered employee under the act.

EEOC loses bid to expand who can be a victim of sexual harassment

11/02/2016
That effort ran into a roadblock recently when it lost a big case.

Pick one reason for firing, then stick with it

11/02/2016
Before you decide to change the reason why you discharged a worker, consider the possible impact of a potential lawsuit.

Disability and constructive discharge linked

11/02/2016
Disabled employees who quit when their employer refuses to consider possible reasonable accommodations may have a constructive discharge claim under the ADA.

Is use-it-or-lose-it vacation policy legal in Pa.?

10/07/2016
Q. Our company’s vacation policy says that terminated employees are not paid for vacation days that they accrued during their employment. Is that legal?

Can job offer be contingent on drug test?

10/07/2016
Q. Our Pennsylvania company wants to begin screening applicants for illegal drugs. Can we make job offers conditional on the results of a drug test?

Zika preparedness: Consider employee safety and legal issues

10/07/2016
As temperatures in the Northeast cool and mosquitos disappear until spring, the Zika virus may no longer be on people’s minds, but it should remain on your radar.

Unless you’re a church, beware religious training

10/07/2016
Think twice before requiring workers to participate in religiously oriented training. It may violate Title VII of the Civil Rights Act.