Pregnant Workers Fairness Act and pregnancy loss

Missy, a newly hired server in the taproom of a brewery, suffers a miscarriage and asks her manager for ten days of leave to recover. As a new employee, Missy has not yet accrued any paid leave. The employer is too small to be covered by the FMLA and does not have a policy providing any unpaid leave.

Must the brewery grant Missy her requested ten days of post-miscarriage leave?

Historically, the answer could have been no.

WIRTW #682: the “horse hockey” edition

Lou Grant. Leslie Knope. Dr. Mark Greene. Captain Merrill Stubing. Even Michael Scott. The history of television is littered with great bosses. Earlier this week my friend Suzanne Lucas asked her vast LinkedIn network to name their choice for the “best” tv boss. Her choices were District Attorney Adam Schiff and Lieutenant Anita Van Buren, from Law & Order.

My choice: Colonel Sherman T. Potter, who adroitly and compassionately led M*A*S*H's 4077 for the series' final 8 seasons.

What made Col. Potter the best boss?

First and foremost, he always had his team's back, no matter what. He took ownership of his group and shouldered the blame whenever something went wrong. As the 4077's leader, the buck stopped with him, period. Which is not to say that his unit didn't have accountability. To the contrary, he always held his people accountable inside his unit, even as he defended them to everyone outside. When his people screwed up (as they often did), he made sure they understood and that it never happened again.

Col. Potter also embodied much of the best qualities of a good boss. His integrity was unmatched and unquestioned. He always encouraged everyone in his command to be the best versions of themselves and led by example. He knew when to use humor to lighten a situation and when to put the screws to him team. And, most importantly, he never forgot that his doctors, nurses, and other charges weren't soldiers by trade but were stuck in the middle of war zone. It's his empathy and compassion that stands out the most from all of his other admirable qualities.

And that's why Sherman Potter is the correct answer as the best tv boss of all time.

Who is your choice? Share in the comments below.

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Here's what I read this week that you should read, too.

$2.6 million reasons why it’s illegal to fire a gay employee

Yesterday, a federal jury in Columbus returned a $2.6 million verdict in favor of Stacey Yerkes, a former Ohio State Highway Patrol employee who claimed that she was constructively discharged (forced to quit based on intolerable and unreasonable working conditions) because of her sexual orientation.

Despite what he says, Elon Musk will not pay your legal bills if you’re fired for Xing

"If you were unfairly treated by your employer due to posting or liking something on this platform, we will fund your legal bill. No limit. Please let us know."

Elon Musk tweeted (xed?) that note Saturday night to his 152 million followers on his platform. Thus far it’s been liked close to 850,000 times, quoted or retweeted more than 165,000 times, and viewed nearly 130 million times.

And it's complete and total rubbish.

Work and religion aren’t a Reese’s Peanut Butter Cup

Everyone's relationship with God — whether you call that deity God, Yahweh, Jesus, Allah, Vishnu, Buddha, the Flying Spaghetti Monster, something else, or nothing at all — is personal. I have no opinion on your spiritual relationship, as should you have none on mine. Thus, I get mad whenever someone tries to shove their religious beliefs down my throat. Not only do I not care, but I can guarantee that you will not change my mind. Proselytism is one small step removed from fanaticism, and rarely, if ever, has anything good come from religious fanaticism.

I share the above as prologue to today's discussion, which focuses on a Title VII lawsuit the EEOC recently settled with Aurora Pro Services, a North Carolina residential home service and repair company, alleged to have required employees to participate in religious prayer sessions as a condition of employment. 

WIRTW #681: the “excel-lent” edition

To be the man (or woman), you've gotta beat the man (or woman).

And to beat the man (or woman), you've gotta be really, really good at pivot tables and the xlookup function.

Earlier this morning, ESPN2 aired the Microsoft Excel World Championship.

You read that correctly — the world championship of spreadsheeting.

How in the world does one convert Microsoft Excel into a competitive sport? The answer is by tasking competitors to use Excel to solve complex puzzles. The eight contestants are provided "cases" to solve. Past examples include computing all of the possible outcomes and rewards for a slot machine or all of the possible combinations of license plate numbers. Contestants are then provided 30 minutes to answer a series of questions related to each case worth up to 1,000 points; the most points wins.

It's fascinating and compelling to watch, and I made sure to tune in before I left for work this morning. No spoilers on who won. I know you can find a replay and I want you to discover the joy of this event all on your own.

So here's my fun Friday question for everyone — If given the opportunity, what aspect of your job would you turn into a competitive sport? Mine would probably have something to do with Lexis searches … or maybe a race to make a filing deadline?

No wrong answers. Please share in the comments below.

Here's what I read this past week that you should read, too.

NLRB resets the rules on employee handbooks … yet again

Yes, we need to talk about employee handbooks and the NLRB … again. 

Yesterday, the Board decided Stericycle, Inc., and announced its 5th (at least) new and different standard in the past 25 years as to when a workplace policy (such as those in employee handbooks) violate employees' rights to engage in protected concerted activity under the National Labor Relations Act to talk between and among themselves about their terms and conditions of employment.

It's enough to give an HR practitioner or employment lawyer legal whiplash, and I'm not going to go through the history of all of these various disparate standards. If you want full history, you can read the Stericycle opinion or search the blog's archives.

What you really want, and need, is a summary of the new standard moving forward (and, as you'll soon discover, backward). Here it is.