- Mar 2, 2017
Employers, Beware! Under FMLA “Parent” Is Interpreted Broadly – And It’s Your Job to Ask the
Employers who are familiar with the Family and Medical Leave Act are well aware that employees can use FMLA leave to care for their child, spouse, or parent with a serious health condition. But not all employers are aware that, under the FMLA, “parent” is interpreted broadly to include not only biological, adoptive, step, and foster parents, but also any individual who stood in loco parentis to the employee when the employee was a child. Some employers are aware of this defin
- May 23, 2016
HR Professionals Beware: You May Be Personally Liable for the Unlawful Termination of an Employee!
In a recent decision that may come as a shock to human resources professionals, the Second Circuit Court of Appeals found that an HR director can be held liable for the unlawful termination of an employee under the Family and Medical Leave Act. Yes, you read that correctly: an individual HR director can be found liable, not just the company itself. In the case in question, Graziadio v. Culinary Institute of America, an HR director had allegedly been instrumental in the decis
- Mar 31, 2016
Can You Legally Terminate An Employee Who Does Not Return To Work After Their FMLA Ends?
If you are a private employer with 50 employees or more, you must be aware of both the Federal and your state’s version (if any) of the Family and Medical Leave Act (FMLA), and the paperwork that goes with its administration. FMLA guarantees certain employees up to 12 workweeks of unpaid leave each year with no threat of job loss (some states are more generous and offer higher amounts of unpaid leave). FMLA also requires that employers covered by the law maintain the health
- Feb 17, 2015
Employee Working While on FMLA Leave? Know How To Respond!
It is a fairly common situation, an employee says she is suffering from a serious health condition and requests leave under the Family Medical Leave Act or FMLA. After granting the leave you find out the employee is performing a similar job at another company. Can you lawfully terminate this employee or does she retain the protections of the FMLA? It seems obvious that an employee who claims she is unable to work due to a serious health condition should lose the protections o
- Jun 14, 2013
Are Your Policies Up to Date?
Recent decisions and legislative updates have forced employers of all sizes to take a look at their written policy statements. Have you had your policies reviewed by a workplace law professional recently? If you have not updated your policies within the last few years, here are some things you may be missing: Continue reading “Are Your Policies Up to Date?” #WorkplaceCompliance #PMP #SocialMediaPolicy #PortnoyMessingerPearlampAssociates #PMPHR #GinaGrath #HR #FMLA #SocialMe