FMLA
Can I Get Fired for Being Sick in Georgia?
While some states mandate that employers provide a certain number of paid or unpaid sick leave for employees per year, Georgia – at least in the private sector – is not among them. Public employees accrue five hours of sick leave per pay period by law, but employees of private employers are entitled to no…
Read MoreThings You Should Know About Family & Medical Leave
Health problems and family changes can be stressful, so it isn’t surprising that employees may need to take time off work to face these challenges. Many employers offer some form of sick leave or paid time off, but these may not always be adequate. The Family & Medical Leave Act (FMLA) offers an alternative for…
Read MoreReport Finds Walmart Punishes Employees Who Take Leave
A recent study revealed a troubling finding – that the nation’s largest private employer may be punishing employees who lawfully take “sick days” or leave. Such actions may violate worker’s rights under the American’s with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). According to the report, issued by A Better Balance, and referenced in…
Read MoreCan I Be Fired While on FMLA Approved Leave?
The Family Medical Leave Act (FMLA) extends a variety of protections and rights to many employees, salaried or hourly. It can grant a total of 12 months of unpaid leave after an employee or a close family member suffers a serious health condition or injury, or to care for a newborn. The concept behind the…
Read MoreI Need More than 12 Weeks of FMLA Leave! What Do I Do?
Employers in every state are required under the federal Family and Medical Leave Act (FMLA) to provide their employees the opportunity to take unpaid leave for medical, military, and maternity/paternity reasons. Employees who take this time are entitled to have their positions reinstated upon their return. How Many Weeks of FMLA Can You Take? Employees…
Read MoreAre You An Employee Or Independent Contractor?
How workers are classified – whether they are considered to be employees or independent contractors, exempt or non-exempt – is often the starting point for many employment discrimination lawsuits. Understanding your proper classification is the first step in knowing your rights and remedies under the law. In a recent disability discrimination lawsuit, a pathologist sued the…
Read MoreWorker With ‘Crying Spells’ After Daughter Was Raped Can Bring FMLA Claim
It’s not easy to juggle the demands of work and family life. What happens if a family member gets sick or if you or your spouse need to take time off to care for your new baby? What options exist? In some situations, an employer may have short or long-term disability policies that give you…
Read MoreCompany Ordered To Pay Double Damages For Interfering With Worker’s Right To Take Leave
Under several circumstances federal law requires that your employer allow you to take approved leave. These include taking leave to care for a new baby or a family member with a serious health condition. Additionally, if you have a serious health condition the Family and Medical Leave Act (FMLA) provides that employers must allow eligible employees to…
Read MorePre-Eligibility Requests For Leave May Give Rise To Claims Of Retaliation in Pereda v. Brookdale Senior Living Cmtys. Inc.
In the first case of its kind, the U.S. Court of Appeals for the 11th Circuit, which includes Georgia, Alabama and Florida, considered what actions are considered protected by the Family and Medical Leave Act. Specifically in Pereda v. Brookdale Senior Living Cmtys. Inc., the appellate court reviewed whether an employee who made a “pre-eligibility” request…
Read More7th Circuit Determines Statements May Be Direct Proof Of Bias In Makowski v. SmithAmundsen
Sometimes evidence that you have been discriminated against may be clear and direct. Other times evidence of discrimination may be indirect and is based on inference or presumption. In a recent case, Makowski v. SmithAmundsen, the 7th Circuit determined that a statement that reveals bias may be used as direct proof of job discrimination, and that…
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