Most judges are very busy people. They have high caseloads involving many serious problems. Given their time constraints, judges often give employers the benefit of the doubt when it comes to how they handle their employees. Judges don’t want to spend their time second-guessing employment decisions that look legitimate without some evidence to the contrary. […]
Few of us are fortunate enough to have perfect health. Many of us will suffer from an illness or injury so severe that we are required to take a leave of absence from work. Luckily, the Family and Medical Leave Act of 1993 (FMLA) provides protected leave to eligible employees who suffer from a qualified
Possible FMLA Violation When Employer Discloses Employee’s Medical Condition Read More »
Your boss and fellow employees cannot treat you so poorly that it would change the terms and conditions of your employment or that it would result in a reasonable employee quitting his or her job. However, they are under no legal requirement to be nice to you. A federal judge in Pennsylvania recently ruled just
Do My Co-Workers Need to Be Nice to Me After a Medical Leave? Read More »
Wal-Mart is the home of everyday low prices. For some employees, it is also the home of illegal employment practices. One Wal-Mart assistant manager found out the hard way that taking medical leave meant getting fired. A New Jersey jury and a federal appellate court found in the manager’s favor, and the company found out
Is Retaliation for Taking a Medical Leave Illegal? Read More »
If you have a disability and need time off or a reduced schedule, you may be entitled to a medical leave under federal and/or state laws. Unpaid medical leave is often associated with the federal Family Medical Leave Act (FMLA) but, depending on the circumstances, you may also be entitled to a medical leave as
EEOC Issues Guidance Regarding Medical Leave as an Accommodation to a Disability Read More »
Employers must reasonably accommodate pregnant employees under state and federal laws. What those accommodations should be will vary depending on the needs of the employee and employer. If a pregnant employee asks for help but that request is denied, she should contact our office. Federal and state laws provide some protection for pregnant employees who want
Are Employers Required to Accommodate Pregnant Employees? Read More »
The United States is the only industrialized nation that does not offer some sort of paid parental leave. And that’s a problem considering that today, women make up 47% of the workforce, and 40% of those women are the sole or primary breadwinners for their families. Study after study has shown the health and economic
The Case for Paid Parental Leave in the United States Read More »
If you’re an employee who is pregnant or thinking about getting pregnant, you’ve probably wondered whether you’ll be able to take the necessary time off from work for the care and birth of your child. You might already know that there are several laws that deal with pregnancy and leave, but you may not be
We’ve discussed the rights and protections of employees in the workplace based on sex, pregnancy, the need to care for a loved one, etc. But what about employees who seek treatment for infertility? Do the laws that provide the previously listed rights and protections also apply to those suffering from this condition? If so, how
Workplace Rights for Those Suffering From Infertility Read More »
When it comes to protecting or helping caregivers, not all states are created equal. Federal laws, such as the Family and Medical Leave Act of 1993 and the Fair Labor Standards Act of 1938, create a minimum level of employee benefits and rights (such as the minimum wage and protected unpaid family leave). However, states
California and Minnesota: Taking Care of Families Read More »
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