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FMLA Retaliation Case Illustrates the Practical Significance of Effective HR Documentation

In Simpson v. Temple University, et al., the U.S. District Court for the Eastern District of Pennsylvania granted summary judgment to the defendants on the plaintiff’s claims of interference and retaliation under the Family and Medical Leave Act (FMLA). The decision illustrates the practical significance of documenting performance issues and termination decisions as soon as possible. Such a practice can help employers reduce the risk of liability for retaliation under the FMLA.

What Am I Doing Wrong?? Common FMLA Mistakes (November 7, 2019)

“What did I do wrong?” and “Am I doing this correctly?” are frequent questions from clients regarding FMLA administration. This is the 27th blog in this series, which digs into the FMLA regulations and related issues to address discrete mis-steps that can result in legal liability.

There Is No Delay When It Comes to FMLA: Union Workers Cannot Delay FMLA Leave According to Recent DOL Opinion Letter

The Wage and Hour Division (WHD) of the U.S. Department of Labor has issued guidance that collectively-bargained leave policies cannot supersede the requirements of the Family and Medical Leave Act (FMLA), even if the bargained-for policies are more generous.

Note to Employers: Stop Designating Lengthy Approval Dates on Your FMLA Designation Forms

I spend a decent part of my day reviewing FMLA forms, certification and correspondence. Exhilarating, for sure.

Can Employees Be Disciplined When They Exceed the Frequency on Their FMLA Medical Certification? A Court Finally May Have Given Us an Answer

When Tori exceeded the absences indicated on her certification form, her employer asked her doctor to recertify these additional absences.

What Am I Doing Wrong?? Common FMLA Mistakes (October 2, 2019)

“What did I do wrong?” and “Am I doing this correctly?” are frequent questions from clients regarding FMLA administration. This is the 26th blog in in this series, which digs into the FMLA regulations and related issues to address discrete mis-steps that can result in legal liability.

Are the DOL’s Proposed New FMLA Forms Just Another Version of Hamburger Helper?

Contrary to popular opinion, the biggest news lately out of the U.S. Department of Labor is not the fact that the agency just this week announced a final rule that would make over one million American workers newly eligible for overtime pay.

Department of Labor Affirms that FMLA Runs Concurrently with Paid Leave

On September 10, 2019, the Department of Labor (DOL) released a Family and Medical Leave Act (FMLA) Opinion Letter, FMLA2019-3-A, reinforcing the DOL’s position set out in an earlier opinion letter that “an employer is prohibited from delaying the designation of FMLA-qualifying leave as FMLA leave.” WHD Opinion Letter FMLA2019-1-A, 2019 WL 1514982 (Mar. 14, 2019). The September letter reiterates that an employer may not delay designating paid leave as FMLA leave, even if the delay complies with a collective bargaining agreement (CBA) and the employee prefers that the FMLA designation be delayed.

Designation of FMLA Leave May Not Be Delayed, Even If Employees Prefer It, DOL Says

Employers may not delay designating paid leave as Family and Medical Leave Act (FMLA) leave, even if the delay complies with a collective bargaining agreement (CBA) and the employee prefers the delay, according to the US Department of Labor (DOL).

DOL Doubles-Down: Employees Cannot Decline FMLA Leave, Even if a Collective Bargaining Agreement States Otherwise

Earlier this year, the Department of Labor made clear in an opinion letter that neither an employee nor an employer may decline FMLA leave where an eligible employee is absent for an FMLA-qualifying reason. As the DOL noted in this March 2019 opinion letter, this is particularly true even where the employee would prefer that the employer delay the designation of FMLA leave.
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