Tags: employment law, FMLA, mcad, scott connolly
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In a recent Mass Lawyers Weekly article “MCAD: duty of employer extends past FMLA period“, employment attorney Scott Connolly discusses employer responsibility under the FMLA, as it relates to a recent decision of the Massachusetts Commission Against Discrimination (MCAD).
The decision in M.C.A.D & LaPete v. Country Bank for Savings supports developing case law that a disabled employee may be unable to communicate effectively, requiring the employer to know when they must engage in an interactive process if the employee has asked for accommodation of their leave. Connolly explains the development of the law in this area and describes best practices for complying with the requirements of leave and disability laws.
“As of about 10 years ago, it was common practice for employers to insert firm cutoff dates for leave into their employee handbooks. As the law has developed, however, it has become clear that such arbitrary end dates will not withstand legal scrutiny.”
For more insight into employer responsibility when dealing with employee leave, read the full article: Family medical leave return to work.
You may also be interested in: Five Employment Law Traps for CFOs
Tags: DOL, Family and Medical Leave Act, FMLA
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The U.S. Department of Labor (DOL) recently issued new Family and Medical Leave Act (FMLA) regulations which take effect on March 8, 2013. Most of the changes in the regulations relate to the FMLA’s military leave provisions and the Airline Flight Crew Technical Corrections Act. The regulations require covered employers to post a new, updated poster by March 8. The new poster is available on the DOL’s web site.
The new regulations also make some relatively small changes and clarifications in others areas, including how employers should calculate increments of intermittent FMLA leave. The Department of Labor provides a side-by-side comparison of the prior regulations and the new regulations here.
If you have questions or want more information on the new regulations, you can contact Bob Shea.