Organ Donors Qualify for Leave under the FMLA

This post has nothing to do with workers’ compensation. It has to do with FMLA leave, which is another hat some readers of this blog wear as well.  I’m sure you’ve all heard over and over again about the “Bermuda Triangle” of Workers’ Comp/ADA/FMLA so I won’t belabor that point.  Suffice it to say that … Continue reading Organ Donors Qualify for Leave under the FMLA

YOU DECIDED NOT TO FIRE THAT EMPLOYEE WHO WAS OFF ON FMLA LEAVE. NOW THEY WANT MORE TIME OFF……?????

The other week I discussed a case in which an employee who was certified for FMLA leave by their physician was terminated for not properly notifying their employer of their leave status. The employee brought an action against their employer for FMLA interference and ERISA violations.  The Court granted summary judgment for the employer on the … Continue reading YOU DECIDED NOT TO FIRE THAT EMPLOYEE WHO WAS OFF ON FMLA LEAVE. NOW THEY WANT MORE TIME OFF……?????

You can terminate that employee who is off for a work injury…….but, based on this new 6th Circuit Court case, don’t forget that there are implications outside of workers’ compensation/FMLA/ADA issues

In Stein v. Atlas Industries, 2018 WL 1719097 (6th Cir. April 9, 2018) the 6th District considered an FMLA/ERISA action brought by an employee who was terminated after failing to show up for work after the physician treating him for a work-related injury released him to light-duty. Stein tore his meniscus at work. After recovering … Continue reading You can terminate that employee who is off for a work injury…….but, based on this new 6th Circuit Court case, don’t forget that there are implications outside of workers’ compensation/FMLA/ADA issues

FMLA employer incentives included in Senate tax bill

The Senate's new tax reform plan includes incentives for employers who offer paid leave to their employees.  The provisions are similar those set forth in U.S. Senator Deb Fischer’s paid leave proposal, The Strong Families Act.  As described in a post on Senator Fisher's website, the provisions would provide employers with a tax credit of up to 25% of the … Continue reading FMLA employer incentives included in Senate tax bill

Two Recent Examples Of Why You Need To Consider The ADA & FMLA

Two recent cases serve as a reminder of why those in the workers’ compensation profession need to be mindful of both the Family and Medical Leave Act (“FMLA”) and the Americans with Disabilities Act (“ADA”). In Zuber v Boscov’s, decided September 11, 2017, http://bit.ly/2AySIuH, the United States Third Circuit Court of Appeals allowed an FMLA … Continue reading Two Recent Examples Of Why You Need To Consider The ADA & FMLA