Franczek Radelet P.C • September 18, 2014
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?
Franczek Radelet P.C • September 12, 2014
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.
Franczek Radelet P.C • August 29, 2014
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.
Fisher & Phillips LLP • August 27, 2014
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.
Littler Mendelson, P.C. • August 22, 2014
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.
Littler Mendelson, P.C. • August 15, 2014
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.
Franczek Radelet P.C • August 07, 2014
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.
Franczek Radelet P.C • July 30, 2014
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.
Franczek Radelet P.C • July 11, 2014
Grandparents across America are celebrating this week. And they have Suzan Gienapp to thank.
Shaw Valenza LLP • July 11, 2014
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.