Introduction
The Family and Medical Leave Act (FMLA) is one of those workplace laws that almost everyone’s heard of—but few really understand until they’re knee-deep in paperwork, doctor’s notes, and questions about what counts as “serious.” And among the most misunderstood areas? Intermittent leave.
Whether you’re representing a clinic juggling nurse schedules or advising a worker managing migraines or caregiving duties, intermittent FMLA leave is where things get tricky. It’s flexible by design, but that flexibility can also create confusion and conflict on both sides of the employment relationship.
What Is Intermittent FMLA Leave?
First, the basics. The FMLA, 29 U.S.C. § 2601 et seq., allows eligible employees to take up to 12 weeks of unpaid, job-protected leave per year for qualifying reasons:
- A serious health condition;
- To care for a spouse, child, or parent with a serious health condition;
- Birth or adoption of a child;
- Certain military-related events.
Continue reading The FMLA and Intermittent Leave: Balancing Flexibility with Compliance →
A pregnant employee in West Virginia is protected under federal and state laws that provide workplace rights, prohibit discrimination, and require reasonable accommodations, particularly for medical complications related to pregnancy. Below is an overview of the key legal protections and employer obligations.
Federal Legal Protections for Pregnant Employees
1. Pregnancy Discrimination Act (PDA) – 42 U.S.C. § 2000e(k)
The Pregnancy Discrimination Act (PDA) is an amendment to Title VII of the Civil Rights Act of 1964 and prohibits discrimination based on pregnancy, childbirth, or related medical conditions. Under the PDA:
- Employers cannot fire, refuse to hire, demote, or otherwise discriminate against a woman because of pregnancy.
- Pregnant employees must be treated the same as other employees who are similar in their ability or inability to work.
- If an employer provides accommodations for temporarily disabled employees, it must provide similar accommodations for pregnant employees with work restrictions.
Continue reading Legal protections for pregnant employees →
Workplace harassment is a serious issue that can lead to legal trouble for employers and create a toxic work environment for employees. While most people think of harassment in terms of sexual misconduct, the law covers a much broader range of behaviors. Understanding what constitutes workplace harassment and how to handle it is crucial for both employers and employees.
What Is Workplace Harassment?
Harassment is defined as unwelcome conduct based on race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability, or genetic information (42 U.S.C. §2000e‑2(a)). It becomes illegal when:
- Enduring the offensive conduct becomes a condition of continued employment, or
- The conduct is severe or pervasive enough to create a hostile work environment (Meritor Sav. Bank v. Vinson, 477 U.S. 57 (1986)).
Harassment isn’t just about inappropriate jokes or unwanted advances—it can include threats, intimidation, offensive images, or even workplace policies that disproportionately affect certain groups.
Continue reading Workplace Harassment: What Employers and Employees Need to Know →
The United States Equal Employment Opportunity Commission (“EEOC”) has updated its poster that employers are required to display in their workplaces. Here is the EEOC’s web site on its poster. Here is an internet (HTML) copy of the poster. Here is the PDF of the printable poster for wall display. The name of the poster is “Know Your Rights: Workplace Discrimination is Illegal”.
The poster does a good job of educating employees and employers on essential aspects of the federal anti-discrimination laws. It covers what employees are protected, what employers are covered, the protected characteristics about which the laws prohibit discrimination, the decisions and conduct of the employers that are prohibited, and how an employee can file a charge with the EEOC. In light of newer technology, the poster has a QR code so an employee can user a phone to jump straight to the EEOC’s web site for filing a charge.
Continue reading EEOC has updated its poster that employers must display →
Employment Law News and Analysis
