join our network! affiliate login  
Custom Search
GET OUR FREE EMAIL NEWSLETTERS!
Daily and Weekly Editions • Articles • Alerts • Expert Advice • Learn More

What Am I Doing Wrong?? Common FMLA Mistakes. (5.23.17)

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

Sixth Circuit Extends "Cat’s Paw" Liability Theory to FMLA Retaliation Claims

Properly identifying the decisionmaker in an employment discrimination case is important because it is the intent of the decisionmaker that determines whether an adverse employment action was motivated by a discriminatory or retaliatory animus. Where an employer can show that the decisionmaker was free of such animus—either because the decisionmaker was not aware of the employee’s protected status or engagement in protected activity—the employee’s claim should fail.

Are Remote Employees Eligible for FMLA Leave?

More and more employees are working remotely these days. So, what does an employer do when an employee who works from home—more than 75 miles from the employer’s office—requests FMLA leave?

What Should I Tell Employees on Leave About Their FMLA Usage? Everything!

When it comes to FMLA leave administration, “don’t sweat the details” is rarely a wise axiom. Details matter. A lot.

When do related companies get combined for purposes of FMLA?

Consider this example: Company A has 30 employees in Greenville and Company B has 30 employees in Spartanburg. Family Medical Leave Act (FMLA) analysis is easy, right? Neither company has 50 employees, and, therefore, neither is covered under FMLA. Not so fast! Related corporations may have their employee counts aggregated for purposes of determining whether they have 50 or more employees under the FMLA through the “single integrated employer” test. The FMLA requires an employer to comply with its regulations if it employs 50 or more workers within a 75-mile radius. Under the single integrated employer test, Company A and Company B may be regarded as a single employer for FMLA coverage (and have their employee counts aggregated) depending on the nature of their corporate operations.

What Am I Doing Wrong?? Common FMLA Mistakes.

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

Can an Employee take FMLA Leave to Care For a Sibling? Before You Say "No," Read This

I love my brother dearly. I love my sister just as much.

Are You Coming In Today? An FMLA Intermittent Leave Toolkit

Intermittent leave continues to present some of the most exasperating FMLA issues. In March, the San Diego-based Disability Management Employer Coalition (DMEC) issued a white paper showing the findings of its annual 2016 Employer Leave Management Survey, which involved 1,132 U.S. employers of all sizes.

Manager's Thoughtless Comment Resurrects Poor Performer's FMLA Claims

There may not be a more toxic combination in the land of Human Resources: a poorly performing employee and an untrained boss who just can’t keep his mouth shut.

Third Circuit: No Direct Evidence Needed for Mixed-Motive Jury Instruction in FMLA Retaliation Cases

A former employee alleges that he was terminated because he exercised his right to take intermittent leave under the Family and Medical Leave Act. His former employer asserts that his FMLA leave had nothing to do with his termination. Rather, the employer claims, he was let go simply because his position was eliminated. At trial, the employee fails to present any direct evidence that his use of FMLA leave was a motivating factor for his termination. Is the employer in the clear?