LEAVE CHALLENGES
This federal law provides up to 12 weeks of unpaid, job-protected leave for eligible employees.
What is the FMLA (Family and Medical Leave Act)?
This must be severe or pervasive to be considered unlawful under harassment laws.
What is hostile behavior or conduct?
This federal law prohibits discrimination based on disability.
What is the Americans with Disabilities Act (ADA)?
This happens when an employee suffers harm for asserting a protected right.
What is retaliation?
This document is often required at separation in many states.
What is a separation notice (or final pay acknowledgment)?
When employees use this type of leave intermittently, tracking becomes more complex.
What is intermittent leave?
A single isolated comment may not create a hostile work environment unless it is this.
What is extremely serious or threatening?
Employers must enter into this process when an employee discloses a disability.
What is the interactive process?
Protected activity includes this, even if the underlying complaint isn't proven.
What is filing a complaint in good faith?
In many states, employers must provide this on a pay stub.
What is hours worked and rate of pay?
Employers must treat leave requests consistently to avoid this type of discrimination claim.
What is disparate treatment?
Hostile work environment claims are typically made under this federal statute.
What is Title VII of the Civil Rights Act?
These adjustments help disabled employees perform essential job functions.
What are reasonable accommodations?
Employers must ensure they don’t retaliate against employees who request this type of leave.
What is FMLA or ADA leave?
Some states now require this information in job postings.
What is a pay range or salary range?
This is the maximum time off required under CFRA, which runs concurrently with FMLA in California.
What is 12 weeks?
This type of conduct can be hostile even if it's not directed at the person complaining.
What is witnessing offensive conduct (third-party harassment)
Employers may request this to validate a need for accommodations.
What is medical documentation?
A demotion or schedule cut shortly after a complaint may be seen as this.
What is retaliatory action?
When investigating a complaint, HR must maintain this kind of process.
What is a fair and impartial investigation?
This type of leave may be considered a reasonable accommodation under the ADA.
What is extended medical leave (or leave as an accommodation)?
Employers must do this promptly once hostile conduct is reported.
What is investigate and take corrective action?
An accommodation is not required if it causes this for the employer.
What is an undue hardship?
This is the standard used to prove a retaliation claim under Title VII.
What is a causal connection between the complaint and the adverse action?
HR compliance teams must track this state-specific leave law enacted in Colorado and other states.
What is Paid Family and Medical Leave (PFML or FAMLI)?