Connecticut Employment Law Blog Insight on Labor & Employment Developments for Connecticut Businesses

Tag Archives: fmla

EEOC Releases Guidance on Employer-Provided Leave Under ADA

Posted in CHRO & EEOC, Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Laws and Regulations

So, back in January, I penned a post titled “Can You Fire an Employee Who Has Exhausted FMLA Leave?” As if to respond, the EEOC yesterday released guidance that basically answers: Not necessarily, because it might violate the Americans with Disabilities Act.  And that is the crux of the issue for employers. Before I go… Continue Reading

Legislative Update: CTFMLA Expands to Cover Military Qualifying Exigencies

Posted in Highlight, Human Resources (HR) Compliance, Legislative Developments, Manager & HR Pro’s Resource Center, Wage & Hour

UPDATED Continuing to recap various employment law bills out of the Connecticut General Assembly, the legislature passed a measure Wednesday night that brings Connecticut’s FMLA law more in line with the federal counterpart. The federal FMLA was amended back in 2008 (prior post on the subject here) to provide coverage for any “qualifying exigency” arising out… Continue Reading

Connecticut Businesses Should Exercise Caution on DOL’s New FMLA Guide for Employers

Posted in Highlight, Human Resources (HR) Compliance, Laws and Regulations, Manager & HR Pro’s Resource Center

Over the years in the employment law “blawgosphere” (isn’t there a better term by now?), I’ve had the pleasure of meeting with and conferring with several other attorneys who blog. One of those is Jeff Nowak, whose FMLA Insights blog has become a go-to place on all things FMLA. So, it was no surprise yesterday… Continue Reading

The Rights and Limitations of Associational Discrimination under the ADA

Posted in Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Litigation

While a recent Second Circuit case received lots of headlines regarding its discussion of individual liability under FMLA, the case has some other nuggets for employers to understand, as my colleague Gary Starr explains in today’s post.  Buried in Graziadio v. Culinary Institute of America case is a reference to the fact that the federal appeals… Continue Reading

Individual Employees Can Be Sued For FMLA Violations, Court Rules

Posted in Highlight, Human Resources (HR) Compliance, Laws and Regulations, Litigation

It’s been a big couple of days for court opinions. Today’s turn: FMLA lawsuits. When we last talked about the FMLA, it was in the context of the fact that sometimes things about the law are bit complicated. Well, if you didn’t like the intricacies of the FMLA before, this new decision isn’t going to… Continue Reading

Winter Update: What You Might Have Missed in Employment Law

Posted in Human Resources (HR) Compliance

My colleagues at Shipman & Goodwin have, for a lot longer than I have been doing this blog, have been producing the Employment Law Letter recapping some stories you might have missed over each quarter or so. This week, a new newsletter was released and it touches on several topics of interest. It recaps a… Continue Reading

Can You Fire An Employee Who Has Exhausted FMLA Leave?

Posted in CHRO & EEOC, Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Laws and Regulations

An employee of yours goes out on medical leave. Suppose that you only have to abide by the federal FMLA law.  After 12 weeks, the employee is still out. Can you simply fire the employee? Well, the U.S. Department of Labor says “yes”.  Sort of. As part of a Q&A on the subject, the DOL… Continue Reading

Trivia Time for HR Professionals – Six Questions of the Day

Posted in CHRO & EEOC, Featured, Highlight, Manager & HR Pro’s Resource Center, Wage & Hour

I recently was invited the join the “Learned League”, which has been described by the Washington Post as the “coolest, weirdest Internet community you’ll never be able to join.” Needless to say, now that I’m participating in it, I’m wondering if I’m either cool or weird or both. The league is a hodge-podge of various… Continue Reading

Grieving and Bereavement Leaves in Connecticut

Posted in Highlight, Human Resources (HR) Compliance

Yesterday, I learned of the passing of a friend, Robert Gulomb, the beloved husband of Livia Barndollar – the former President of the Connecticut Bar Association, and a friend and mentor as well.   Robert passed away peacefully after a long illness. I last saw Robert in the hospital earlier this month, but that’s not how I’ll remember him.  My… Continue Reading

Paid Family and Medical Leave is What’s Hot in Connecticut

Posted in Legislative Developments

Here we go. Last December, I talked about how a legislative proposal to bring paid family and medical leave to Connecticut was likely. Turns out, not only was it likely, but that there would be a big public relations push on it as well. The bill is still in its formative stages at the legislature, but… Continue Reading

Updated Paid Sick Leave Guidance and Poster Issued by Connecticut Department of Labor

Posted in Highlight, Human Resources (HR) Compliance, Laws and Regulations, Wage & Hour

Somewhat quietly (at least to me), the Connecticut Department of Labor has issued updated guidance regarding compliance with the state’s Paid Sick Leave law. But employers who have been following the developments in this area — namely the changes to the law by the legislature — won’t be surprised much by the minor changes that… Continue Reading

Cancer and the Workplace: Tips for Employers

Posted in CHRO & EEOC, Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Manager & HR Pro’s Resource Center

Hope you all had a wonderful Thanksgiving weekend. Last week, I shared my family’s personal story about how cancer has impacted us.  With that in mind, I thought I would share a few tips for employers.  Even if you don’t presently have an issue with an employee, it’s worth familiarizing yourself with some of the… Continue Reading

A Thanksgiving to Remember: When Cancer Strikes

Posted in Featured, Highlight

The moment when you learn your wife has cancer gets imprinted on your brain in a hurry. At least for me, it did. That happened back in February of this year.  I haven’t talked about it on the blog yet for several reasons including that my wife is much more private online than I am. But she… Continue Reading

BREAKING: Connecticut DOL Releases New FMLA Regulations for School Paraprofessionals

Posted in Highlight, Human Resources (HR) Compliance, Laws and Regulations, Manager & HR Pro’s Resource Center, Wage & Hour

You won’t find it (at least easily) on the Connecticut Department of Labor’s website.  (The Department’s FMLA page is void of any reference as well.)   But late last month the CTDOL quietly released new regulations governing FMLA leave rights to school paraprofessionals.  I’ve asked my colleagues, Jessica Ritter and Henry Zaccardi, to recap the… Continue Reading

Wait, “Inflexible” Leave Policies Are Actually Okay? Sometimes.

Posted in CHRO & EEOC, Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Litigation

So last month we talked about how an employer may, in some circumstances, need to give additional leave as an accommodation above and beyond the Family and Medical Leave Act.  Today, my colleague Clarisse Thomas shows how the law in this area really is still developing.  She highlights a new case that comes to a different… Continue Reading

Guest Post: Women’s Economic Security Act May Serve As Model for Other States

Posted in Discrimination & Harassment, Highlight, Legislative Developments, Wage & Hour

With Congress in gridlock, we haven’t seen any federal laws impacting employment law for several years. Instead, we’ve now started to see a lot more action at the state legislative level where proposals to modify everything from family leave to the minimum wage are being passed in, it seems, increasing numbers. Therefore, what happens in… Continue Reading

No Good Deed Goes Unpunished: The Fallout From Allowing Excessive Absences

Posted in Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Litigation

Today my colleague Chris Engler returns with a post that tackles a recent case that explores what should happen when an employee has exhausted her FMLA leave.  Case closed? Well, not exactly, as Chris explains.   Most readers have heard the admonition that “No good deed goes unpunished.”  (Readers might be less aware that the… Continue Reading

Up is Down and Outside is Inside? With FMLA, Not Quite Common Sense

Posted in Highlight, Human Resources (HR) Compliance, Laws and Regulations, Litigation, Wage & Hour

Today, my colleague Christopher Engler, takes a crack at explaining what happens with FMLA leave when an employee takes works at another job while on FMLA leave.  As Chris explains, not everything about the statute is “common sense.”  Picture this: In one scenario, a maintenance worker takes an FMLA leave for “mental distress” but continues to deliver oil… Continue Reading

What Happens At Home When Your Employee Takes FMLA Leave in Vegas?

Posted in Highlight, Human Resources (HR) Compliance, Legislative Developments, Manager & HR Pro’s Resource Center

Are you willing to bet that your FMLA practices are in compliance with the law? One company recently found out that not all trips to Las Vegas are created equal.  My colleague, Peter Murphy, has this post today that reminds employers that FMLA leave can come in all shapes and sizes. Although the case arises… Continue Reading

Would You Exchange Your Tall Latte For Leave Insurance Program?

Posted in Highlight, Human Resources (HR) Compliance, Legislative Developments, Wage & Hour

Today, Connecticut Congresswoman Rosa DeLauro introduced The Family and Medical Insurance Leave (FAMILY) Act — legislation that would establish a national paid family and medical leave insurance program. According to a press release, for the price of “one tall latte a week”…”The FAMILY Act would create an independent trust fund within the Social Security Administration… Continue Reading

Connecticut’s Gender Wage Gap: Report Paints a Complicated Picture

Posted in Discrimination & Harassment, Legislative Developments, Wage & Hour

The Gender Wage Gap Task Force in Connecticut issued its report last month with both findings and recommendations on a continued disparities between what men and women, on average, earn. In doing so, it recognized that there are multiple factors that are responsible for the gap in its view.  It paints a far more complicated picture… Continue Reading

For Same-Sex Couples: If You’re Married in CT, You Have a ‘Spouse’ Under FMLA

Posted in Highlight, Human Resources (HR) Compliance, Laws and Regulations, Manager & HR Pro’s Resource Center

Back in June, after the Supreme Court’s ruling on same-sex marriage, I made a fairly easy prediction: The federal FMLA is also anticipated to undergo some pretty big changes in states that approve same-sex marriages. Already in 2010, the FMLA regulations suggested that married same-sex couples could take time off to care for a newborn… Continue Reading

What Changes for Employers in Connecticut After Supreme Court’s Ruling…And What Doesn’t

Posted in Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Litigation, Wage & Hour

Yesterday, the U.S. Supreme Court struck down a key provision of the Defense of Marriage Act.  The SCOTUSBlog has done an admirable job with the recaps and if you want more information about that decision, you should really go there first. But the immediate impact of the decision is that it changes all the 1000+… Continue Reading

Paid Sick Leave (PSL) “Fixes” Pass State Senate; Final Approval Expected

Posted in Human Resources (HR) Compliance, Legislative Developments, Wage & Hour

Shortly after passage of the Paid Sick Leave law a few years ago, it became apparent that there were several quirks in the law that would make enforcement and compliance challenging in some places. I highlighted a few issues in a post back then. Well, the General Assembly has been working on a bill to… Continue Reading