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Controversial Judicial Estoppel Ruling Overturned – But the Risk Remains

A former employee who the Alabama Department of Labor had ruled in an unemployment hearing was fired lawfully for misconduct was not precluded, or estopped, from later claiming she was fired unlawfully in retaliation for taking Family and Medical Leave Act leave, the U.S. Court of Appeals for the Eleventh Circuit has held. Simmons v. Indian Rivers Mental Health Ctr., No. 15-11658, 2016 U.S. App. LEXIS 10663 (June 13, 2016) (unpublished).

Watch Out – Human Resources Personnel Might be Found Individually Liable under the FMLA

In a recent decision, Graziadio v. Culinary Institute of America, the Second Circuit held that a Director of Human Resources could potentially be individually liable to a former employee for Family Medical Leave Act (“FMLA”) violations.

FMLA FAQ: Must an Employer Accept FMLA Medical Certification from an Online Health Care Provider? And What If It's an LCPC?

Q: Our employee is trying to support his need for FMLA leave with medical certification from an online health care provider. Is this valid under the FMLA? And What if It’s a Licensed Clinical Professional Counselor?

Does an FMLA Leave Request Double as a Request for a Reasonable Accommodation? Should Employers Care?

There is a hot debate brewing over the tantalizing question, “Does a request for FMLA leave also constitute a request for a reasonable accommodation under the ADA?” The worlds of FMLA and ADA clash!

Chronic Conditions: Can an Employer Deny FMLA Leave When an Employee Does Not Attend Two Doctor Visits in One Year?

Frank, your night custodian, reports that he suffers from Crohn’s disease, a chronic condition that will cause him to miss work when the condition flares up from time to time, including his absence yesterday. Cleaning floors causes him a great deal of stress, which in turn exacerbates his medical condition, and yesterday was one of those days.

Combatting Intermittent FMLA Leave Abuse: An Employer’s Toolbox

As most employers know, the Family Medical Leave Act (FMLA) allows employees to take up to 12 weeks of leave for their own or a family member’s serious health condition and up to 26 weeks for military caregiver leave. While longer FMLA leaves are relatively straightforward, an employee’s ability to take small increments of FMLA leave on a sporadic basis generates administrative headaches for employers and raises concerns about employee abuse.

Handling Intermittent, Unpredictable Leave Requests after FMLA Ends: Additional Analysis of My Webinar with EEOC Commissioner Feldblum (Part II)

Thanks again to those who attended my June 23 webinar with EEOC Commissioner Chai Feldblum on the topic of “leave” as an ADA reasonable accommodation in light of the EEOC’s new technical resource issued on this topic in early May 2016. If you missed the program, you can access the webinar and materials here.

Department of Labor Releases New FMLA Poster

You may have heard the Department of Labor (“DOL”) released a new version of the Family Medical Leave Act (FMLA) poster on April 26th along with an updated Employer’s Guide to the FMLA.

USDOL Publishes New FMLA Employee Guide and Poster

As employers covered by the Family Medical Leave Act (FMLA) can attest, administering the FMLA’s regulatory framework at the employee level can consume substantial time and resources. Despite the expense associated with applying the complex and often counterintuitive regulations, the U.S. Department of Labor takes the position that “[t]he FMLA is working.”

DOL Releases Updated FMLA Resources

The US Department of Labor (DOL) has released an Employer Guide to assist employers in complying with the Family and Medical Leave Act (FMLA). In addition, the DOL has released a new version of the FMLA workplace poster. However, an employer that continues to post the February 2013 version of the poster will remain in compliance.