Category Archives: Family and Medical Leave Act (FMLA)

States Continue To Pass Equal Pay Legislation

While the Federal Equal Pay Act, which mandates employers to pay men and women the same pay for the same work, has been the law for 55 years, salary surveys continue to show that women are paid less than men.  In an effort to address this pay gap, states around the country are passing their own legislation.  Some of the states have enacted similar provisions, while a few have enacted unique provisions. Ban On Salary History Inquiries Studies have shown that one factor contributing to ongoing pay discrepancies is that an employee’s starting salary with an employer is often based …

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Employer ADA Test Conundrum? Seventh Circuit Flip Flops on ADA Accommodation Ruling

The Seventh Circuit ruled that an employee’s extended medical leave request was “categorically unreasonable” under the ADA. However, what should an employer do when one of the Seventh circuit judges writes that prior decision is wrong and violates the ADA? On September 20, 2017, in Severson v. Heartland Woodcraft, the Seventh Circuit affirmed summary judgment in favor of an employer that terminated an employee who requested a two to three month extended medical leave in addition to his 12 week FMLA leave. The Court applied a per se rule that an extended medical leave is categorically unreasonable as a matter …

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To Grant Leave or Not to Grant Leave…That is the Question

Employers covered by the Family and Medical Leave Act often are surprised to find out that the onus is on them to provide eligible employees notice of FMLA rights in the event of a qualifying absence and to properly designate that absence as leave under the FMLA.  (As if employers don’t have enough on their plates…) The FMLA entitles an eligible employee to leave if the employee has a “serious health condition that makes the employee unable to perform the functions of the position of such employee.” Well, what does that mean? A “serious health condition” is “an illness, injury, …

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