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Does Paid Leave Become Reality in a Trump Administration? And Who is His Likely Choice to Head the Department of Labor?

Every other employment attorney has been offering their opinion on how the election of Donald Trump will impact employment law. So, I’d feel left out of this riveting discussion if I didn’t offer my two cents about how a Trump presidency might impact by far the most exciting area of employment law — employee medical leave, of course!

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 second in a monthly series highlighting some of the more common mistakes employers can inadvertently make regarding FMLA administration.

Can an Employer Require That an Employee Submit FMLA Certification from a Specialist to Support the Need for FMLA Leave?

When it comes to FMLA medical certification, my clients have many complaints.

FMLA Leave Not a Bridge to European Vacation

On October 31, 2016, the Fourth Circuit Court of Appeals issued a decision that confirmed an employer’s right to take adverse employment action against an employee who fraudulently uses FMLA leave. In Sharif v. United Airlines, Inc., Case No. 15-1747 (4th Cir., Oct. 31, 2016), the Court upheld United Airlines decision to discharge Masoud Sharif for fraudulently using FMLA leave, finding that “[t]o hold otherwise would disable companies from attaching any sanction or consequence to the fraudulent abuse of a statute designed to enable workers to take leave for legitimate family needs and medical reasons.”

FMLA Fraud Finding Leads To Employer Court Victory

An employer recently claimed a significant victory in a case brought by a former employee who believed he had been unfairly targeted for termination because of his Family and Medical Leave Act (FMLA) leave request. The federal court of appeals decision is significant because it provides support for those employers who wish to root out fraudulent abuse of FMLA leave from their workplaces, offering a blueprint for how to navigate such a situation.

Department of Labor to Seek Feedback Regarding the Family and Medical Leave Act

The U.S. Department of Labor (DOL) is looking to collect data from employers and employees regarding their respective “need for” and “experience with” the Family and Medical Leave Act (FMLA). The data collection period is expected to occur in 2017 and 2018. From employees, the survey will seek information regarding “use of leave, need for leave, and [] experience with FMLA-eligible leave.” For employers, the surveys will seek information regarding “employee use of leave and [] experience managing FMLA leave.”

Be Wary of Potential FMLA Violation before Terminating an Employee for Failure to Meet Performance Standards During Intermittent Leave

It is well established that the FMLA does not require an employer to reduce its performance expectations for an employee who is taking leave intermittently or on a reduced schedule. Additionally, during the time the employee is at work, the employee must be capable of continuing to perform the essential functions of the job.

Enhanced FMLA Fitness-for-Duty Certification Provides Comfort to Employers

An employee’s return to work following an extended FMLA leave for a serious health condition of the employee often creates concerns on the part of the employer. In these situations, employers frequently question whether the employee is really able to perform the essential functions of the job and whether returning the employee to work may expose him/her to risk of further injury (and potentially expose the employer to legal risk). However, these concerns can often be relaxed through use of the “enhanced” fitness-for-duty certification procedures set forth in Section 312 of the Department of Labor’s FMLA Regulations, 29 C.F.R. § 825.312.

Paid Family Leave Programs Get Competitive

When Deloitte, the national auditing, tax and consulting firm, recently announced its new paid family leave policy, HR professionals took notice.

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. Over the upcoming months, we are going to highlight some of the more common mistakes employers can inadvertently make regarding FMLA administration.