To ensure workers do not have to choose between their paychecks and public health measures, the Emergency Paid Sick Leave Act and Emergency Family and Medical Leave Expansion Act, both part of the Families First Coronavirus Response Act (FFCRA), reimburses private employers with fewer than 500 employees with tax credits for the cost of providing… Read More »
Fired After Seeking Drug or Alcohol Treatment
Many employees avoid seeking treatment for drug or alcohol addiction because they are afraid of losing their jobs or that they will be subject to other adverse employment actions. However, it is important to understand that your choice to get help is protected by various laws and acts that provide a measure of job security… Read More »
Pregnancy Discrimination and FMLA Violations in the Workplace
An employee who claimed she was fired after becoming pregnant has settled her claim with Humana Inc. to the tune of $500K plus $250K in attorney fees. This, after a U.S. District judge in New Jersey entered a judgement in favor of the plaintiff who sued her former employer and its parent company, Humana Inc.,… Read More »
When Denied FMLA is the Employer’s Problem – 5 Common Mistakes
FMLA Interference Claims If you have been denied FMLA, you may have a claim for interference. Whether the employer intended to deny FMLA or not, they may still be liable for an FMLA interference claim if you can prove that you are indeed entitled to the FMLA benefit denied. The onus is on the employer… Read More »
Employee Rights Under Family Medical Leave Act (FMLA)
My doctor has recommended that I take two to three weeks off following an upcoming surgery. My employer says he will not approve the time off. Do I have any rights under the Family and Medical Leave Act? Assuming an employee was not injured at work, which would likely fall under workers’ compensation, and, that… Read More »
Denied FMLA Liquidated Damages
The federal Family Medical Leave Act (FMLA) requires employers with at least 50 employees to grant up to 12 weeks of unpaid leave to eligible employees for: their own or an immediate family members’ serious medical condition; to care for a newborn or newly adopted child; for any “qualifying exigency” arising from the foreign deployment… Read More »