In 2012, six states passed legislation regarding social media in the workplace. These states are: California, Delaware, Illinois, Maryland, Michigan, and New Jersey. These states have made it so employers are not legally allowed to ask their employees for passwords for personal internet accounts, i.e. email, banking and social networking sites, etc. in order for that employee to keep his/her job.
In 2013, three more states passed legislation regarding social media in the workplace. These states include New Mexico, Utah, and Arkansas.
Some states have similar legislation to protect students in public universities and colleges from having to grant access to their social media accounts.
For more information regarding social media laws in the workplace, please visit the National Conference of State Legislatures.
If you are the victim of discrimination or harassment in the workplace, please contact Ambuter Law.
Monday, April 29, 2013
Thursday, April 4, 2013
FMLA vs. Short Term Disability
I have had many clients ask me what is the difference between FMLA and short term disability. I have also had clients ask me if they can take FMLA and short term disability concurrently. The answer to the latter is: yes.
FMLA provides job security, but no compensation for lost wages. If you decide to take FMLA and not short term disability concurrently, your job will be secured while you are on leave. However, you will not be entitled to lost wages while you are on leave. However, if your employer offers short term disability, you can take the short term disability concurrently with FMLA and receive compensation during the time that you are out.
How is leave under the FMLA decided? Whether you are granted leave under the FMLA is determined by your employer. You must provide your employer with your medical condition, as well as a doctor's note supporting your leave request. Once you put your company on notice of your FMLA request, your doctor will be required to submit an FMLA certification form. If your employer grants you FMLA, you are eligible to take leave for a period of twelve (12) weeks.
How is short term disability decided? Whether you are granted short term disability is determined by your employer's disability insurance carrier. Inform your employer's Human Resources' department that you are requesting short term disability, and they or the insurance carrier should provide you with the appropriate paperwork. Usually you will be providing the same type of information for short term disability that you would be for FMLA.
If you have questions regarding your FMLA rights, please contact Ambuter Law.
FMLA provides job security, but no compensation for lost wages. If you decide to take FMLA and not short term disability concurrently, your job will be secured while you are on leave. However, you will not be entitled to lost wages while you are on leave. However, if your employer offers short term disability, you can take the short term disability concurrently with FMLA and receive compensation during the time that you are out.
How is leave under the FMLA decided? Whether you are granted leave under the FMLA is determined by your employer. You must provide your employer with your medical condition, as well as a doctor's note supporting your leave request. Once you put your company on notice of your FMLA request, your doctor will be required to submit an FMLA certification form. If your employer grants you FMLA, you are eligible to take leave for a period of twelve (12) weeks.
How is short term disability decided? Whether you are granted short term disability is determined by your employer's disability insurance carrier. Inform your employer's Human Resources' department that you are requesting short term disability, and they or the insurance carrier should provide you with the appropriate paperwork. Usually you will be providing the same type of information for short term disability that you would be for FMLA.
If you have questions regarding your FMLA rights, please contact Ambuter Law.
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