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Sunday, 9 February 2014

Family and Medical Leave Act, Employee Privacy Rights



Family and Medical Leave Act
The FMLA requires employers with over 50 employees to provide unpaid leave to employees who need to care for a spouse, child, or parent suffering with a serious medical condition.
The employee cannot be terminated for taking leave under the policy, and has the right to restoration to the same or a similar position upon return to work.
Employee Privacy Rights
More than 2/3 employers use some sort of electronic monitoring of employees.
Laws Protecting Employee Privacy Rights.
§ Constitutional and Tort law.
§ ECPA
Privacy and Email Systems.
§ Smith v. Pillsbury (1996).
Other Types of Monitoring
Lie Detector Tests.
§ Prohibited, except under the ongoing investigation exception.
Drug Testing.
§ Most government employees are subject to testing and the rights of private employees vary from state to state.
AIDS Testing.
§ Some state statutes restrict AIDS testing.
Electronic Performance Surveillance.
§ Most limitations can be avoided if the employer informs employees that surveillance will occur.
Screening Procedures.
§ Application question must have some reasonable connection to the job sought.
Employment-Related Immigration Laws
The Immigration Reform and Control Act prohibit the hiring of illegal aliens.
The Immigration Act of 1990 limits the number of legal immigrants into the U.S.

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