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Total Articles: 10

FMLA FAQ: If an Employee Racks Up Both FMLA and Unexcused Absences, Can He Be Terminated?

Here’s a puzzle for you. How would you handle it?

How Do Employers Calculate FMLA Leave Around the Holidays?

It’s that time of year — my kids are already making changes to the fourth draft of their Christmas wish list, holiday music has been playing on my local radio station for four weeks now, and I’m just about ready to claim the couch where I will spend most of Thanksgiving week in my PJs watching football and eating leftover turkey!

What Am I Doing Wrong?? Common FMLA Mistakes (November 15, 2017)

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

At last! Not One, But TWO Court Decisions That Scale Back an Employee's Right to Take Additional Leave After FMLA is Exhausted

There may not be an issue that strikes more fear in the land of HR than how to deal with an employee who cannot return to work after FMLA leave expires. Is some additional leave beyond 12 weeks required? The answer is almost always ‘yes.’

When You Don't Train Your Managers About the FMLA, You're Begging for This Kind of Smackdown

When a manager learns that one of his employees is in the hospital for several days, that’s almost always enough information for the employer to have an inkling that the employee may need FMLA leave.

Massachusetts Federal Court Decision Highlights the Importance of FMLA Training and Compliance

Navigating leave issues can be difficult: There are several statutes that provide employees with different, yet sometimes overlapping rights, and every situation is unique. Employers must ensure that members of management and those responsible for addressing leave situations are aware of the applicable legal requirements and trained on them.

What Am I Doing Wrong?? Common FMLA Mistakes (October 4, 2017)

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

Contacting Employees on FMLA Leave: Answers to 4 Inevitable Questions

Navigating employee leave issues can be a daunting feat for in-house counsel and human resources departments. One challenging and oft-overlooked situation rife with the potential for legal issues involves contact between employers and employees who are out on leave under the Family and Medical Leave Act (FMLA).

If an Employee Attends a Beyonce Concert While on FMLA Leave, Can She Be Terminated?

Imagine marketing director, Michelle, jamming to this Beyonce song in the middle of AT&T Stadium in Dallas. On that very day, however, she’s supposed to be recuperating at home after suffering a panic attack at work.

FMLA Causation Standard Slides Down

Navigating the waters of employee leave is tricky business for employers. At the federal level, FMLA requires “covered” employers to provide employees with job-protected and unpaid leave for qualified medical and family reasons. The question of the appropriate causation standard that must be proven in an FMLA claim is not unanimous among the Circuit Courts. In Woods v. START Treatment & Recovery Centers, the Second Circuit put its stake in the ground.