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Total Articles: 10

Paying Out a Year-End Bonus or an Incentive Payment: Can an Employer Withhold the Money from the Employee Who Took FMLA Leave?

It’s the end of the year, which means bonus time.

What Am I Doing Wrong?? Common FMLA Mistakes (December 5, 2018)

“What did I do wrong?” and “Am I doing this correctly?” are frequent questions from clients regarding FMLA administration. This is the nineteenth in a series highlighting some of the more common mistakes employers can inadvertently make regarding FMLA administration.

‘Tis the Season: FMLA and Holidays

As we are in the heart of the holiday season, to avoid an unwanted gift from the Department of Labor, employers should ensure that they properly administer FMLA leaves taken during company holidays.

PODCAST: Untangling Complex Leave Issues – Part I

In the first episode of this two-part series, John Stretton and Rachel Mandel discuss the complexities surrounding the Family and Medical Leave Act and the Americans with Disabilities Act, including the interplay between the two laws and best practices for effectively managing leaves of absence in complicated situations.

Judge Rules That HR’s Assurances Before Employee’s One-Year Anniversary May Give Rise to FMLA Claim

Employees are not eligible for leave under the federal Family and Medical Leave Act (FMLA) unless, among other things, they have worked for a covered employer for at least 12 months. It is also a matter of common sense that only employees who are actually eligible for FMLA leave can assert a claim for interference with those rights. Or is it? What if human resources (HR) tells an employee to take leave before he or she is eligible, not to worry about his or her job, and that it would approve the FMLA leave? The U.S. District Court for the Eastern District of Wisconsin recently confirmed that HR assurances like these can give rise to a viable FMLA interference claim, even before an employee is eligible for leave. Reif v. Assisted Living by Hillcrest LLC d/b/a Brillion West Haven, No. 18-C-884 (November 6, 2018).

What if I Offered You a Free Webinar That Provided the Roadmap to Create Your Own FMLA & ADA Manager Training? Would you Attend?

When: Wednesday, December 12 (12:00 – 1:15 p.m. central time)

What Do You Mean I Can’t Require that an Employee Use PTO During FMLA Leave?

Since the FMLA came into existence, employers have been advised, where possible, to run FMLA concurrently with other leaves. Doing so prevents leave stacking. When reviewing FMLA policies, a common oversight we see is how employers handle the use of paid leave during FMLA. While the policies require employees to use earned vacation, sick or PTO time concurrently with FMLA leave, some overlook a nuance in the FMLA regulations that prohibits employers from requiring employees to use paid leave during FMLA.

Want to Crack Down on FMLA Abuse? Try the Chicago Way

Not sure where you stand on this, but I’m always game for a good employer smack down on FMLA abuse.

New FMLA Forms Available from Department of Labor

Executive Summary: The U.S. Department of Labor (DOL) released new Family and Medical Leave Act (FMLA) notices and certification forms on September 4, 2018. The new forms are valid until August 31, 2021, and are available for download from the DOL Website. Notably, the DOL did not make any material changes to the prior forms; however, employers should begin using the updated forms immediately. While employers are not required to use the DOL forms, their use is recommended and can assist with the request and award of Family and Medical Leave (FML), specifically:

What Am I Doing Wrong?? Common FMLA Mistakes (October 22, 2018)

“What did I do wrong?” and “Am I doing this correctly?” are frequent questions from clients regarding FMLA administration. This is the eighteenth in a series highlighting some of the more common mistakes employers can inadvertently make regarding FMLA administration.