FMLA--notice
Article Abstract:
In the case Wolverine World Wide, Inc. v. Tracy Ragsdale, the Family and Medical Leave Act (FMLA) of 1993 plays a role. A Labor Department regulation that provides that an employer failing to inform an employee that unpaid medical leave is being applied to the 12 weeks of leave to which the employee is entitled under the FMLA is required to allow the worker an extra 12 weeks is outside the purview of labor's authority and cannot stand. The penalty is not compatible with the remedial mechanism of the FMLA.
Publication Name: Benefits Quarterly
Subject: Human resources and labor relations
ISSN: 8756-1263
Year: 2003
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ADA--reasonable accommodation--seniority system
Article Abstract:
In the case U.S. Airways Inc. v. Robert Barnett, the court noted that an accommodation of a worker is generally not reasonable and need not be put into effect if it is in conflict with the seniority system of an employer. The presumption of unreasonableness can be rebutted, however, and a worker can prove the presence of special circumstances that would make an exception to the seniority system reasonable.
Publication Name: Benefits Quarterly
Subject: Human resources and labor relations
ISSN: 8756-1263
Year: 2003
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Standing - who is a participant?
Article Abstract:
The judgments of the United States District Court for the Eastern District of Pennsylvania and the United States Court of Appeals for the Third Circuit in the case of Miller v. Rite Aid Corporation, 30 Employee Benefits Cases (BNA), 2003 U.S. App LEXIS 13260 (3rd Cir. 2003) are discussed. The judgments provide clarification on the definition of participants of the ERISA plan.
Publication Name: Benefits Quarterly
Subject: Human resources and labor relations
ISSN: 8756-1263
Year: 2004
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