Employment Law Alert

Employment Law Alert

News and Updates on Employment Law

Tag Archives: Medical

Amendments to FMLA Mean Changes to Military Leave Provisions, Forms and Postings

Posted in Family Leave
On February 6, 2013, the United States Department of Labor (DOL) published final regulations that amend the Family and Medical Leave Act's ("FMLA") military leave provisions and eligibility requirements for pilots and flight crews. Other changes impacting the minimum increments of time allowable for measuring FMLA leave and recordkeeping requirements are also part of the final regulations. The new regulations take effect on March 8, 2013, giving employers only a few weeks to ensure that their policies and forms are updated… Continue Reading

How Employers Can Combat the Flu

Posted in Policies/Handbooks
Flu season is here. Even when pandemic levels of the influenza virus are not expected, the flu nevertheless impacts businesses whose employees become ill and/or need to take time off for flu-related reasons. With limited restrictions, employers are permitted to adopt policies and practices to encourage flu prevention, to control workplace flu outbreaks and to maintain optimal efficiency during flu season, provided that their practices are applied consistently, non-discriminatorily and in keeping with published employment policies and handbooks… Continue Reading

Third Circuit Rules That Employers Need Not Accommodate Work Restrictions at End of FMLA Leave

Posted in Family Leave
Are employers required to provide reasonable accommodations to an employee to facilitate his or her return to the same or equivalent position at the conclusion of an FMLA leave? According to a recent decision from the Third Circuit Court of Appeals, the answer is no, provided the employee is unable to perform the essential functions of his job position. The case, Macfarlan v. Ivy Hill, provides important guidance for employers who must make such determinations upon an employee's return from FMLA-protected leave… Continue Reading

Supervisor Can Be Held Liable Individually Under FMLA, Third Circuit Holds

Posted in Family Leave
In a case of first impression, the Third Circuit Court of Appeals held that a supervisor may be individually liable for violating the Family and Medical Leave Act ("FMLA"). While noting that individual liability is not recognized in some Circuit Courts, the Third Circuit in Haybarger v. Lawrence County Adult Probation and Parole reached a contrary conclusion… Continue Reading

What Employers Can Do About the Flu

Posted in Policies/Handbooks
Flu season is here. While pandemic levels of the influenza virus are not predicted for the 2011-2012 flu season, the virus nevertheless impacts businesses whose employees become ill and/or need to take time off for flu-related reasons. With limited restrictions, employers are permitted to adopt policies and practices to encourage flu prevention, to control workplace flu outbreaks and to maintain optimal efficiency during flu season, provided that their practices are applied consistently, non-discriminatorily and in keeping with published employment policies and handbooks… Continue Reading

EBSA Provides Additional Guidance Regarding the Patient Protection and Affordable Care Act, the Mental Health Parity and Addiction Equity Act and the Health Insurance Portability and Accountability Act

Posted in Employee Benefits
The U.S. Department of Labor's Employee Benefits Security Administration ("EBSA") recently provided additional guidance on its website regarding implementation of provisions of the Patient Protection and Affordable Care Act (PPACA), implementation of the Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA) and the Health Insurance Portability and Accountability Act of 1996 (HIPAA). This guidance, which is provided in the form of Frequently Asked Questions and responses, was prepared jointly by the Departments of Health and Human Services, Labor and the Treasury… Continue Reading

EEOC Issues Final Rule for the Genetic Information Nondiscrimination Act (GINA)

Posted in Discrimination
The EEOC issued its final rule implementing Title II of the Genetic Information Nondiscrimination Act ("GINA") and provided background information regarding the new regulations, which shall take effect on January 10, 2011. GINA generally restricts employers and other covered entities from deliberate acquisition of genetic information, prohibits use of genetic information in employment decision-making, and strictly limits disclosure of genetic information… Continue Reading

What Employers Can Do About the Flu

Posted in Policies/Handbooks
Flu season is here. While the Centers for Disease Control and Prevention (CDC) currently is not reporting high levels of influenza outbreak or predicting pandemic levels of the virus this year, the flu will nevertheless impact businesses whose employees become ill and/or need to take time off for flu-related reasons. With a handful of restrictions, employers are permitted to adopt policies and practices to encourage flu prevention, to control workplace flu outbreaks and to maintain optimal efficiency during flu season, provided that their practices are applied consistently, non-discriminatorily and in keeping with published employment policies and handbooks… Continue Reading
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