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Family Medical Leave Notice and the Threshold Illness Period ( January 2004 )
Two Federal Appeals courts clarify Family Medical Leave Act (FMLA) rights on two growingly common issues: 1) How restrictive can personnel departments make the hoops for employees to jump through for notification of FMLA-leave claims? 2) Do partial-day absences count toward constituting a "serious health condition" justifying eligibility to claim FMLA-leave benefits? -
Managing Employee Absenteeism ( April 2003 )
When an employee works a standard five-day week, one can assume 260 workdays exist annually. After subtracting 10 days on average for vacation and another 10 days for federal, state and local holidays, an employer could expect 240 workdays a year per employee. -
Preparing for Government Contract OFCCP Audits ( November 1997 )
Is your affirmative action plan (AAP) up to date? How about your supporting documentation? Have you reviewed the latest requirements for interviews, job applications, vendor and supplier nondiscriminatory certifications, applicant flow logs and statistical analysis factors for utilization of minorities? -
Untimely Medical Certification Bars FMLA Claim ( March 2005 )
In Urban v. Dolgencorp of Texas, Inc., the Fifth Circuit Court of Appeals struck a blow for employers attempting to manage employees' purported FMLA-protected leaves of absence, holding Dolgencorp was within its rights to terminate Urban when Urban failed to submit a medical certification supporting her request for FMLA leave. -
Leave It Out? Family And Medical Leave Act Claims May No Longer Be Waived By A General Release ( September 2005 )
Fourth Circuit allows FMLA claim to proceed despite fact that the plaintiff signed a release at the termination of her employment where she waived her right to sue under Title VII, ADA, ADEA and "any other federal, state or local laws." -
NJ Supreme Court Clarifies Leave Rights of Pregnant Employees Under New Jersey's Law Against Discrimination ( August 2005 )
In Gerety v. Atlantic City Hilton Casino Resort, 2005 N.J. LEXIS 931 (July 25, 2005), the Supreme Court of New Jersey held that pregnant employees are not entitled to preferential leave treatment under the New Jersey Law Against Discrimination (LAD).
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