![]() ![]() Court of Appeals for the 8 th Circuit, which oversees Minnesota, Iowa, Missouri, the Dakotas and Nebraska. Dollar General Store was decided August 17 th by the U.S. ![]() Court of Appeals decision demonstrates all too clearly, turning these responsibilities over to a third party does not rid an employer of responsibility, or liability, for complying with the many workplace leave laws that are at play. Not surprisingly, many employers have turned to outsourcing these functions, ostensibly to avoid all the hassles and legal pitfalls they present. Monitoring FMLA leave (especially intermittent leave), work-related absences, military leave, leave as an accommodation and all the legalities of when and how to return workers from such leaves, can be overwhelming. Add worker compensation laws that provide for reinstatement of employees following a work-related illness or injury, as well as an ever growing list of other federal, state and, more recently, local laws governing what employers may or may not do about employee absences and even the most experienced HR professionals have their hands full. Then there is the EEOC, which has interpreted the Americans with Disabilities Act (ADA) to require leaves of absence, or extending them under certain circumstances as a reasonable accommodation of an individual’s disability. For employers of 50 or more employees there obviously are the Family and Medical Leave Act (FMLA) and D.O.L. Administering employee leaves of absence is complicated. ![]()
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