Franczek Radelet P.C • November 26, 2013
According to a recent CareerBuilder survey, nearly one-third (32 percent) of your employees have called in sick when they're not actually sick. Perhaps just as notable, 30 percent of your employees admit that they have reported to work despite actually being sick. The reason? So they can save their sick days for when they’re feeling well.
Franczek Radelet P.C • November 20, 2013
One of the most difficult issues an HR professional or in-house employment counsel faces is how to deal with an employee who cannot return to work after FMLA leave expires. Is additional leave required? What law applies and what are the obligations for an employer in this situation?
Franczek Radelet P.C • November 14, 2013
Kris was forced to endure the unthinkable: her daughter had just become the victim of a sexual assault. In the weeks that followed, Kris alerted her employer of the assault and the care her daughter would require in the time ahead. Kris suffered too. As her doctor would later report, she had crying spells, a lack of energy and an inability to focus or concentrate.
Goldberg Segalla LLP • November 07, 2013
The Family Medical and Leave Act (FMLA) provides job security to employees who require time away from work due to illness or the need to care for family. By some accounts, the FMLA is one of the most difficult employment laws for an employer to administer and therefore is a risk management “legal labyrinth.” In particular, the seemingly simple task of calculating the duration of FMLA leave can be daunting.
Ogletree Deakins • November 04, 2013
In an unpublished opinion issued on October 8, 2013, Owens v. Calhoun County School District, No. 12-60897, the Fifth Circuit Court of Appeals recently upheld a district court’s grant of summary judgment in favor of an employer on a claim brought under the Americans with Disabilities Act (ADA). The interesting—and somewhat unexpected—basis for the decision was that the employer fired the employee because she had failed to return in a timely matter from a medical leave that she had taken under the Family and Medical Leave Act (FMLA).
Franczek Radelet P.C • October 28, 2013
Q: We have an exempt, managerial employee who in this past year took all 12 weeks of FMLA leave, and six additional weeks of unpaid leave. He also was intermittently absent for digestive problems to the tune of about four weeks. We're now in a new FMLA year and he is requesting FMLA leave again. Is he even eligible for FMLA leave since he didn't work 1,250 hours?
Ogletree Deakins • October 24, 2013
On October 9, 2013, the First Circuit Court of Appeals affirmed summary judgment in favor of an employer on claims brought under the Family and Medical Leave Act (FMLA) by a former employee. The court held that the employee was not eligible to take FMLA leave because he had not worked 1,250 hours in the previous year, that he could not establish his employer’s handling of his FMLA application caused him any harm, and that he was not fired for requesting FMLA leave but for his indefinite absence. McArdle v. Town of Dracut, No. 13-1044 (1st Cir. October 9, 2013).
Ogletree Deakins • October 21, 2013
In an unpublished opinion issued on October 8, 2013, the 5th U.S. Circuit Court of Appeals upheld summary judgment in favor of an employer on a claim under the Americans with Disabilities Act (ADA). The interesting – and somewhat unexpected – basis of the decision was the fact that the plaintiff/employee’s termination was based upon her failure to return from a medical leave under the Family and Medical Leave Act (FMLA) in a timely manner. Owens v. Calhoun County School District, 5th Cir., No. 12-60897, October 8, 2013.
FordHarrison LLP • October 16, 2013
Executive Summary: While most companies are aware of the liability they may face if they violate the FMLA, a recent decision from the Eleventh Circuit serves as a reminder of just how important it is for employers to train human resources personnel, as well as managers and supervisors, on how to properly handle leave requests. In Dawkins v. Fulton County Gov't, (11th Cir. Sept. 30, 2013), an employee sought to bring a claim of FMLA retaliation based on a manager's one word response of "Approved" to an e-mail requesting both emergency and FMLA leave, even though she did not comply with the employer's medical certification requirements.
Franczek Radelet P.C • October 16, 2013
Linette Williams-Grant had a week worthy of Judith Viorst's classic children's story Alexander and the Terrible, Horrible, No Good, Very Bad Day, which (as an aside) is one of my all time favorites to read to my young children, particularly after a bad day.