Employment Law Blog

When a Doctor’s Note Doesn’t Cut It: Medical Exams after Leaves of Absence

Sometimes an employee may need to take a leave of absence from their job; the necessity may be for a variety of reasons, including a need to address physical or mental health concerns. When the employee wishes to return to work, how does an employer know if he is really ready and able to again meet the demands of the job? More >

New Administrator’s Interpretation Could Expand FMLA Coverage

Under the Family Medical Leave Act (“FMLA”), eligible employees are provided up to twelve weeks of unpaid, job-protected leave per year.  Eligible employees can take FMLA leave for, among other things, the birth and care of a newborn child.  Although the FMLA broadly defines a “son or daughter” under this provision to include a “biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis”, it does not expressly confirm whether employees may take leave to care for a son or daughter over the age of eighteen. More >

Sick of Sick Employees? Can You Send Them Home?

At this time of the year when the flu, strep throat and other illnesses are making their way through our children, friends and society in general, it is good for employers to be mindful of their options, but more importantly to plan ahead for employees who come to work visibly ill.  While many people want to “tough it out” through an illness, the reality is that by toughing it out an employee may in fact be compromising the health of others and decreasing the productivity of an entire workplace.  The time to ask what to do about such an employee is not when the employee sits down at his/her desk at the start of the work day or takes his/her place on the assembly line.  Rather, the best time to consider how to handle these inevitable situations is well before they occur. More >

New FMLA Poster Required in the Workplace

On February 4, 2013, the U.S. Department of Labor (“DOL”) marked the 20th anniversary of the signing of the Federal Medical Leave Act (“FMLA”) into law by issuing a final rule which implements two expansions of FMLA leave. More >

EEOC’s Focus on Pregnancy Discrimination

Earlier this week, we gave you an overview of the issues that, according to a recent draft of its Strategic Enforcement Plan (“SEP”), the EEOC is likely to target in the coming years.  One of the emerging issues highlighted in that draft relates to pregnancy discrimination, specifically, situations which force women into unpaid pregnancy leave after being denied accommodations routinely provided to similarly situated employees.  In lock step with the EEOC’s express priorities, the following relevant cases have emerged over just the last few months: More >

Pregnancy Discrimination

In preparing for a recent mediation, I learned that that there has not been a verdict for a plaintiff presenting a pregnancy discrimination case in Kentucky for fifteen years.  That, however, does not mean that the cause of action is dead.  Employers should remain cognizant that the Pregnancy Discrimination Act prohibits employers from discriminating against female employees for “pregnancy, childbirth, or related medical conditions”. In fact, since the Hall v. Nalco Co. decision was rendered by the 7^th Circuit in 2008, Courts have consistently interpreted “related medical conditions” to include pre-pregnancy procedures such as in vitro fertilization procedures. Protecting yourself from a discrimination claim in this context may present unique difficulties as an employers’ institutional knowledge of an employee’s medical condition may depend on the degree to which an employee feels comfortable disclosing the reason for her medical treatment to her supervisor.  Of course, employers who intend to take either an active or passive adverse employment action against a female employee must be prepared to articulate a legitimate, non-discriminatory reason for the adverse employment action.  Employers should keep in mind that an adverse employment decision based upon a female’s medical condition, or absence from work due to an unspecified medical condition, could result in the first favorable verdict for a Plaintiff alleging pregnancy discrimination in recent memory.

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This article does not constitute legal advice.

It’s a New Year—Time to Review Your Employment Policies

Happy New Year!  In the spirit of out with the old and in with the new, now is a great time to review your employment policies and see if it’s time for an update.  Depending on your business, any one of the policies may need to be drafted or updated: More >

FMLA—Designating Leave and Employer Required Notices

A recent article of the Kentucky Employment Law Letter outlined several important provisions of the Family and Medical Leave Act (“FMLA”) regulations concerning notices which an employer must provide to an employee.  Amongst those notices are the general notices which must be posted in a workplace and made part of any employee handbook.  The general notices provide that “every employer covered by the FMLA is required to post and keep posted on its premises, in conspicuous places where employees are employed, a notice explaining the [Act’s] provisions and providing information concerning the procedures for filing complaints of violations of the Act with the [federal] wage and hour division”, and also employers must “provide this general notice to each employee by including the notice in employee handbooks or other written guidance to employees… or by distributing a copy of the general notice to each new employee upon hiring.”  These provisions for general notice regarding FMLA are easily complied with and very straight forward.  Other notices can be a bit more difficult to keep up with in a busy day-to-day business setting.  More >