The Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”), 38 U.S.C. §§ 4301–4335, not only prohibits discrimination against employees and potential employees based on their military service, it also imposes certain obligations on employers with respect to employees returning to work after a period of service in the U.S. military.
While the world moves quickly to contain the Ebola virus, businesses across the globe are scrambling to figure out how best to manage workplace concerns and protect their employees. But as employers develop their Ebola response strategies, they should also be mindful of employee privacy, anti-discrimination, and other employment laws and regulations.
On April 15, 2014, a California appeals court ruled that after an employee returns to work from leave under the Family and Medical Leave Act (FMLA), an employer can require a medical reevaluation related to the health condition for which the employee was granted FMLA leave, so long as it is job related and consistent with business necessity. READ MORE
California’s Paid Family Leave Now Covers More Kin
Currently, through California’s Paid Family Leave (“PFL”) insurance program, workers may collect up to six weeks of partial wage replacement benefits while taking leave under the Federal Family Medical Leave Act (“FMLA”) or California’s Family Rights Act (“CFRA”) to care for a seriously ill child, spouse, or registered domestic partner, or to bond with a minor child within one year of birth or the placement of the child in connection with foster care or adoption. On September 24, 2013, Governor Brown signed SB 770, expanding the PFL program to cover siblings, grandparents, grandchildren and parents in-law. Note, however, that PFL does not provide leave rights. CFRA was not similarly amended and, as with FMLA, only provides protected leave with reinstatement rights when taken to care for a seriously ill child, spouse, or registered domestic partner, or to bond with a minor child within one year of birth or the placement of the child in connection with foster care or adoption (among other things). Thus, employees who take leave to care for a sibling, grandparent, grandchild, or parent in-law, though they may receive partial wage replacement, will not be afforded job protection and reinstatement rights unless provided under an employer plan. READ MORE
The ADA Amendments Act (“ADAAA”) expanded more than just employer liability for disability claims; it also broadened the scope of FMLA leave that employees may take to care for their adult children. On January 14, 2013, the Department of Labor clarified that the age of the onset of a disability is irrelevant to determining whether an individual is considered a “son or daughter” under the FMLA. See Dept. of Labor Wage and Hour Div., Administrator’s Interpretation No. 2013-1. READ MORE