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FMLA FAQ: Can We Terminate an Employee for Working a Second Job While on FMLA Leave?

Q: One of our employees has taken FMLA leave for anxiety attacks. Recently, we found out that she is working a similar job for another employer at precisely the same time she should be working for us. Can we deny her the right to return and terminate her employment because of this leave abuse?

Employer Rejects Employee's Fitness for Duty Certification, Faces FMLA Liability

The story is for all you hunt and peck typists out there. But its message is a lesson for all employers when it comes to returning your employee from FMLA leave.

FMLA FAQ: Can an Employer Persuade an Employee to Work Instead of Taking FMLA Leave Because Her Job is Really Important?

Sorry I have been away for a bit. Of all things, I’ve been taking some FMLA bonding leave to care for this beauty to the right! I am excited to report that our daughter, Maggie, joined our family just a few weeks back. And I’ve been smitten ever since.

Strategies For Continuous (And Intermittent) Medical Leaves

Have you ever scheduled an early-shift employee to cover for a late-shift employee who has just taken medical leave? The covering employee probably was not excited to have to work that extra shift. While the logistics of employee schedules can be difficult, it can be even more burdensome (and more important) to handle the employee’s medical leave appropriately and in accordance with the law.

An Estimate is Just That - The Seventh Circuit Highlights Several Important Lessons for Employers Navigating Intermittent FMLA Leave

The U.S. Court of Appeals for the Seventh Circuit recently ruled on two important intermittent Family and Medical Leave Act (FMLA) leave issues in Hansen v. Fincantieri Marine Group.1 First, the court determined that the FMLA does not require a plaintiff to present expert testimony to prove he was incapacitated for each day for which he requested FMLA leave. Second – and perhaps more important for employers – the court decided that an employer should not summarily deny intermittent FMLA leave when an eligible employee exceeds the estimated length or duration provided by a doctor in an FMLA medical certification form.

When it Comes to an FMLA Notice—the Post Office May Not Deliver For You in the Third Circuit

The U.S. Court of Appeals for the Third Circuit recently ruled that an employer may not rely on “the Mailbox Rule” to prove that the employer provided an employee with notice of his or her rights under the Family and Medical Leave Act (FMLA). The ruling could now require employers to prove that they provided the required FMLA notice of rights to every employee by a traceable means rather than first-class mail. In Lupyan v. Corinthian Colleges Inc. (Case No. 13-1843 Aug. 5, 2014), the court reversed an order granting summary judgment to Corinthian Colleges on a plaintiff’s FMLA interference claim simply because she denied ever receiving the FMLA notice in the mail. While in some ways case-specific, this ruling will have a significant impact on the communications employers within the Third Circuit have with employees regarding their FMLA rights.

A Game-Changing Decision? Sending FMLA Notices to Employees by U.S. Mail May Not Cut It Anymore

With all the FMLA paperwork that a leave administrator has to provide an employee during the FMLA process, you’d wonder whether you’re attending a real estate closing. All these documents — whether it’s the Notice of Eligibility, medical certification, or the Designation Notice — typically get sent by good old fashioned snail mail, delivered by your friendly neighborhood U.S. postal worker.

Now This is a Headache! Employee Terminated for Migraine Headaches Can Advance FMLA Claim

In the cold, sadistic world that is the FMLA, the Department of Labor tells us that ordinary, run-of-the-mill headaches (a/k/a “non-migraine” headaches) are not covered by the FMLA. Migraine headaches, on the other hand, are covered. When I try to explain the difference in FMLA training sessions for employers, they often look at me like I have two heads.

Did a Court Just Allow an Employee FMLA Leave to Care for Her Grandchild?

Grandparents across America are celebrating this week. And they have Suzan Gienapp to thank.

DEPARTMENT OF LABOR FMLA INVESTIGATIONS

Under the Family and Medical Leave Act (FMLA), employers with 50 or more employees must provide eligible employees with a leave of absence for certain qualifying reasons, including an employee or family member’s serious health condition. Although the U.S. Department of Labor (the “DOL”), the government entity responsible for enforcing the FMLA, has always had the authority to investigate employers for FMLA compliance, the agency recently announced that it intends to increase the frequency of on-site investigations. Employers subject to the FMLA should take steps to avoid the risks associated with such investigations.