Get Poked or Get Canned – Can You Terminate an Employee for Refusing the Vaccine? The answer is it depends.

Why is the employee refusing the vaccine?

For employers mandating the vaccine, an employee’s refusal to receive it because he or she simply does not want to be vaccinated is likely fair game for termination. Typically, however, an employee will seek a reasonable accommodation that enables him or her not

The Doctor Will See You Now via Telemedicine and It May Qualify as Treatment under the FMLAAs you already know, COVID-19 changed almost everything, and some of those things are likely here to stay (or at least for a while longer). One widespread change is the use of videoconferencing, including in the medical field. An increase in the use of videoconferences to treat patients (aka telemedicine or telehealth) and efforts to

Department of Labor Provides Easier, Breezier FMLA Electronic Notice Forms for EmployersIn a shocking example of good news these days, the Wage and Hour Division has revised its optional forms that employers can use on various FMLA issues. The new forms can be filled out electronically and have cut down on the number of questions that require written responses. Instead, many categories can now be handled

Yes, We Think We’re Open… Getting your Employees Back to Work During and After the COVID-19 Pandemic (Part I)One of the hardest things about the COVID-19 crisis is that nobody is sure about when things will open back up and life can go back to “normal.” If you’re an employer, this likely means you have more questions than answers about how to move forward. What if an employee refuses to come back to

What Employers Need to Know About U.S. House Bill 6201: Families First Coronavirus Response Act

Wednesday afternoon, the Senate passed the Families First Coronavirus Response Act, and President Trump signed it into law. The act contains several provisions that will significantly impact employers with fewer than 500 employees.

If this applies to you, your obligations become effective no later than April 2, 2020 – 15 days from the date of

Do You Have a Plan for a Pandemic? Dealing with Sick, Not So Sick, and Not Even Sick EmployeesThe coronavirus has already had a large (some would say devastating) effect on the global economy. How will it affect the day-to-day operations of an employer? Obviously, businesses want their employees to be safe and healthy, but news stories about the spread of an infectious disease can affect a workforce in many different ways.  Employers

Teach Your Children Well: DOL Issues Opinion Letter that Attending Child’s IEP School Meeting Is Covered by FMLAIf an employee asks for time off to attend a meeting at his or her child’s school, is that covered by FMLA? Maybe not but it depends on the nature of the meeting. If the child is disabled and the school meeting is for the child’s IEP, according to a recent opinion letter from the

Treat Dad Fairly, Too:  JPMorgan Chase Settles Claims of Gender Bias in Parental Leave ProgramIn May, JPMorgan Chase entered into a class action settlement regarding allegations that it treated male employees differently than female employees under the company’s parental leave program. On its face, the terms of the program appeared to be gender-neutral: 16 weeks of paid leave for “primary caregivers” and two weeks of paid leave for “secondary

Crosstown Traffic! Facts Surrounding Employee’s ADA/FMLA Request to Avoid Bad Traffic Not Enough Not all requests for accommodation or FMLA leave will fit into neat boxes like “pregnancy” or “knee surgery.” Because the ADA definition of a disability includes any impairment that affects a major life function, employers are starting to see some more creative requests around the margins. In Trautman v. Time Warner Cable Texas, LLC,