On March 19, 2024, in Cerda v. Blue Cube Operations, LLC, the U.S. Court of Appeals for the Fifth Circuit affirmed a district court’s grant of summary judgment for an employer, finding that the employee’s acts of informing her supervisor of her father’s serious ailments, coupled with telling human resources
Articles discussing the Family and Medical Leave Act (FMLA) an other topics related to workplace leave.
A Little Belated Valentine’s Day Gift for Us. The ABA’s Summary of 2023 FMLA Court Decisions Has Arrived!
Love is in the air! Cupid’s arrow came in the form of something special this year – the ABA’s summary of 2023 FMLA decisions!
Every spring, the ABA’s Federal Labor Standards Legislation Committee publishes a comprehensive report of FMLA decisions handed down by the federal courts in the previous year. Although our
The Most Common (and Most Expensive!) Mistakes in LOA Administration
In this episode, Jen details the most common mistakes employers make in administering leaves of absences and suggests some best practices to help avoid liability.
Employee Protection Limited for ADA and FMLA Discrimination and Retaliation Claims
Resolved medical conditions and COVID-19 symptoms — aside from “Long COVID” — may not be considered “disabilities” under the ADA.
When an Employee Fails to Return FMLA Medical Certification, Can an Employer Lawfully Terminate the Employee?
Your employee, Johnny, is one of your poor performers. Upon receiving his latest written warning, he requests a leave of absence due to anxiety from working in a hostile work environment.
Tell me you’ve seen this one before.
Apparently, Johnny’s boss was guilty of being too direct.
The
When You Send Your Employees To Work Abroad, Do They Lose the Right to Take FMLA Leave?
Once your employee steps off U.S. soil, does the employee lose FMLA protection?
It depends.
Consider these two scenarios:
In the first scenario, your employee requests FMLA to sit bedside with his mother, who suffering from terminal cancer. Mom is located in Mexico City, Mexico.
In the second scenario, you
What Retailers Can Take Away From Labor Department Opinion Letter on FMLA Leave and Holidays
The Wage and Hour Division of the Department of Labor (DOL) has advised in an opinion letter on calculating Family and Medical Leave Act (FMLA) leave when employees take off part of a week during which a holiday falls that holidays are not counted toward leave, unless an employee takes the entire week off or the employee was scheduled to work on the holiday.
The FMLA Rules Are Important, But Don’t Let Them Stand in the Way of an Employee in Need
Happy belated Father’s Day to all the dads and father-figures out there!
On Father’s Day every year, dads in my church are invited to give the Father’s Day homily at Sunday Mass. This past weekend, I volunteered to offer the Father’s Day reflection.
DOL Opinion Letter Sheds Light on Calculating FMLA Leave During a Holiday Week
Welcome to the two people willing to dive into this blog post after reading that riveting headline!
In a highly technical opinion letter issued this week, the Department of Labor clarified how to calculate FMLA leave usage when an employee takes intermittent leave during a holiday week.
Bear with
Four Key (and Surprising) Points for Navigating FMLA Leave
Complying with the various legal and practical requirements of the Family and Medical Leave Act (FMLA) and its regulations is an ongoing challenge for employers, particularly when it comes to questions about when an employee qualifies for leave. Here are some key points regarding the FMLA that employers may want
You Don’t Have to Be Irish to Enjoy This March Treat: The ABA’s Summary of 2022 FMLA Court Decisions Has Arrived!
Raise a pint of Guinness and let’s celebrate – the ABA’s summary of 2022 FMLA decisions has arrived!
Every spring, the ABA’s Federal Labor Standards Legislation Committee publishes a comprehensive report of FMLA decisions handed down by the federal courts in the previous year. Although our little FMLA
DOL Clarifies Telework Eligibility Under FMLA and ADAAA, Including Reduced Schedule Leave for ‘Serious Health Conditions’
The U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) recently released informal guidance to address some issues arising under the Family and Medical Leave Act (FMLA) and the Fair Labor Standards Act (FLSA) that commonly challenge employers. Field Assistance Bulletin (FAB) No. 2023-1 addresses points such as how
Is an Employer Required to Provide FMLA Leave Indefinitely to an Employee Who Cannot Work Overtime?
Every one of us in the HR/employment world has met this moment. Your employee, Tommy, hands you a doctor’s note – usually no more than one sentence long – stating simply:
Tommy’s pinky toe hurts. Based on my medical judgment, Tommy cannot work more than 8 hours in a
Important New DOL Guidance on the FMLA
The federal Department of Labor recently issued new guidance on the federal Family and Medical Leave Act (“FMLA”). Covered employers should pay careful attention to these developments.
Happy 30th Birthday, FMLA! Where Do We Go from Here?
Happy 30th birthday, you wonderful old FMLA!
Break out the band aids and ace bandages! It’s time to celebrate a special birthday for our favorite federal statute.
All weekend, I’ve been singing Harry Styles’ song “As It Was” to the Nowak kids:
You know it’s not the same without