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March 2016 Archives

Liability for human resources directors in FMLA cases

A Texas employee who requests leave under FMLA provisions might be required by the employer to provide documentation of the need, but the law does not require the provision of medical certification unless there is a specific request. An employer is also responsible for advising an employee of the expected consequences in the event of a failure to comply with such a request.

Employee nap not considered FMLA-protected

Texas employers may struggle with knowing when it is appropriate to grant Family and Medical Leave Act leave to an employee. Often, guidance can only come from looking at how courts ruled in various cases. One example from a hospital in Ohio is instructive. A nurse who was employed there suffered from frequent migraines. Her colleagues complained that she sometimes vanished from work due to them, and she was also written up for missing work.

Sexual violence in the workplace may be underreported

Some Texas employees may have faced sexual harassment and even attempted rape at work and not reported it due to not understanding their rights or fear of losing their job. One woman, general counsel at an advocacy group, says that as a part-time restaurant manager, she herself did not report an attempted assault for these reasons. Another woman who was working as a waitress while she was a student tells a similar story.

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Dallas, TX 75201

Phone: 214-979-7400
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Houston, TX 77002

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