Two courts recently handed down decisions* regarding how employers send FMLA notifications, and suddenly everyone is asking, “email or first-class mail?” Here’s the legal background: the first case involved the sufficiency of mailing an FMLA determination notice via US first class postage. The second case involved emailing a recertification notice. In each case, the employee … Continued
By: Ashlee Brennan, J.D., Compliance Associate and Megan Holstein, Esq., Director of Compliance At Reed Group we’ve been talking about leave as an accommodation for years. We wrote a white paper on the topic when it became clear the EEOC would not issue long-awaited guidance on leave as an accommodation. Three years later we are … Continued
Three federal laws and enforcement priorities of the Equal Employment Opportunity Commission (EEOC) are making state pregnancy leave and accommodations laws a subject of concern for employers who want to be in compliance and do the right thing for their employees. In addition to the Family and Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA), … Continued
By Lori Welty and Megan Holstein “What Happened?”: On October 6, the Supreme Court of the United States declined to hear 5 separate appeals arising from federal circuit court decisions holding that state bans of same-sex marriage were unconstitutional. “Why Does It Matter?”: The practical impact of the Supreme Court’s decision to not hear these … Continued
