Ch. 11 - Work-Life Conflicts and Diversity

Employers subject to the FMLA (2)

1) All government agencies 2) Private employers with 50 or more employees

Terms for parental leave (birth, adoption, initiation of foster care) (3)

1) Both males and females are entitled to parental leave 2) Generally expires 12 months from birth, adoption, or initiation of foster care 3) If both parents work for the same employer, coverage may be limited to 12 months total between them

Does an employer have a choice as to whether to grant FMLA leave?

No

Work expectations while on FMLA leave (2)

The employee is relieved of: 1) all work duties and 2) the obligation to come to work

USERRA (title)

Uniformed Services Employment and Reemployment Rights Act

Ways to measure 12 months for FLMA purposes (4)

1) Calendar year 2) Other fixed 12-month period 3) A 12 month period measured forward from the first day that any FMLA leave is taken by the employee 4) A rolling twelve-month period measured backward from the most recent day in which leave was used

Examples of issues not covered by FMLA (3)

1) Care for in-laws 2) Family-related activities other than those defined 3) Recuperation from current substance abuse

Factors of the integrated employer test for FMLA purposes (4)

1) Common management 2) Interrelation between operations 3) Centralized control of labor relations 4) Degree of common ownership

Types of FMLA leave (2)

1) Continuous 2) Intermittent

Provisions of USERRA (4)

1) Employees are entitled to reemployment following up to five years of cumulative absence (not counting periods of required training) for military service 2) Provided that an honorable discharge is received and a timely request made for reemployment, an employee returning from military service must be reemployed 3) Under the escalator principle, employers must attempt to place individuals returning from military service into the positions, including promotions (if qualified), they likely would have attained absent the service 4) Health insurance must be maintained for short stints of service (less than 31 days) and for longer periods (up to 24 months) if the employee pays the full cost of group coverage

Terms for key employees under FMLA (3)

1) Employers cannot refuse leave to key employees 2) They can decline to restore them if restoration would cause substantial and grievous economic injury to the employer's operation 3) Key employees need to be informed of their status and the intent not to restore

Terms of the PDA (5)

1) Employers must treat persons with pregnancy-related conditions in the same manner as persons with other medical conditions who are similar in their ability or inability to work. 2) Pregnant employees are entitled to continue working for as long as they can perform their jobs (except in those rare cases where not being pregnant is a BFOQ) 3) Employers are prohibited from requiring pregnant employees who can perform their jobs to take leave or from establishing arbitrary timelines for when parental leave must commence or end 4) Any medical certification that is generally required before granting leave or for documenting fitness for duty on return from leave can also be required of employees who take leave for pregnancy-related conditions. 5) Jobs must be held open for employees on pregnancy related leave at least as long as they are for employees who take sick or disability leave for other medical conditions.

English-only rules in the workplace (4)

1) May be found to violate Title VII (national-origin discrimination) 2) The rules may require the use of only English in dealing with employment related matters 3) Rules should permit the use of other languages during breaks, before and after work, and interactions during the day not strictly job related. 4) If employees use a language (English or otherwise) to create an intimidating environment or comments are discovered to represent insubordination, adverse personnel actions may be taken.

Notice requirements for FMLA (2)

1) Where the need for leave is foreseeable, employees can be required to provide thirty days advance notice. 2) If the need for leave is not foreseeable, employees are responsible for providing notice as soon as practicable.

Employee qualifications for FMLA coverage (2)

1) has been employed by an FMLA employer for at least 12 months and 2) has worked at least 1250 hours in the 12 months prior to taking leave (not requesting it)

Qualifying FMLA events (6)

1. The birth of a child of an employee 2. Adoption of a child 3. The need to care for a spouse, child or parent with a serious health condition 4. Inability to work due to a serious health condition 5. Military caregiver leave (the need to care for a service member who suffered a serious injury or illness while on active duty) 6. Any "qualifying exigency" arising from the fact that a family member in the military is, or soon will be, placed on active duty

Provisions of FLMA leave (3)

1. Up to a total of 12 workweeks of leave over a twelve-month period (26 weeks for service members injured or rendered ill while on active duty) 2. Maintenance of health insurance under the same conditions as if the employee had not taken leave 3. Restoration to the same position held before leave commenced or to an equivalent position with the same pay, benefits, and other terms and conditions of employment

Employer requirements for coverage under PDA

15 or more employees (part of Title VII)

Definition of serious health condition for FMLA purposes (3)

An injury, impairment, or physical or mental condition that involves: 1) Inpatient care or continuing treatment by a health care provider with a period of incapacity for three or more days or 2) A period of absence to receive multiple treatments by a health care provider (i.e., chemotherapy, radiation) 3) Substance abuse may be a serious health condition if treatment is obtained in compliance with the statute

Employer requirements for coverage under USERRA

Applies to all employers

Principal federal law governing the provision of leave to employees for parental and medical reasons

Family and Medical Leave Act (FMLA)

Does the PDA require employers to provide leave for childbirth or medical problems associated with pregnancy?

No

Is sexual orientation discrimination prohibited in under federal statute

No, but it is prohibited in several states and cities

USERRA (defined)

Prohibits employers from discriminating against people who are members of, apply to become members of, or have obligations to serve in a uniformed military service

The Jury System Improvements Act (defined)

The federal law that protects persons who serve on federal juries from discharge, intimidation, or coercion by their employers

The Pregnancy Discrimination Act (defined)

The part of Title VII that prohibits discrimination based on pregnancy, child-birth, or related medical conditions

Key employees (defined)

Those among the top 10% of a company's employees in pay

How to determine when an employee is unable to perform the functions of his or her job (2)

When a health care provider finds that: 1) the employee is unable to work at all or 2) is unable to perform any one of the essential functions of the employee's position

Under what conditions may those who cannot communicate effectively in English be terminated in employment?

When speaking English is a significant part of the job in question

How to determine when an employee is "needed to care for" a family member with a serious health condition (3)

When the family member is: 1) Unable to care for his or her own basic medical, hygienic, safety, or nutritional needs, or 2) Is unable to transport himself or herself to the doctor. 3) The term also includes providing psychological comfort that would be beneficial to the family member who is receiving inpatient or home care

May employers may require that employees substitute paid leave or unpaid FMLA leave?

Yes (vacation, personal days, sick days, or other paid leave). However, any paid leave that is substituted must fit the qualifying event that necessitated FMLA leave and any other neutral requirements of the employer's normal leave policies.

May employers require statements from health care providers when the employee claims the existence of a serious health condition?

Yes, and it is advisable to do so