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This One’s a Whopper! Court Puts Kibosh on Burger King Franchisee That Required Two Calls to Request FMLA Leave

Remember when I told you a few months ago that employers can and should consider requiring that employees make two calls to request FMLA leave? For instance, you might require one call to the supervisor to report the absence, and a second call to Human Resources (or your third party administrator) to request FMLA leave.

Bonuses, Pay Increases and FMLA Reinstatement

An employee returning from FMLA leave is generally entitled to reinstatement to the same position they held prior to the leave or to a virtually identical position.

Something is Afoot at the DOL: Could New FMLA Regulations or Forms Be on the Horizon?

It’s been just over 10 years since the Department of Labor last introduced wholesale changes to the FMLA regulations.

FMLA Regs May Soon Get Revamped To Ease Employer Burdens

If the Department of Labor has anything to say about it, employers may soon get a bit of a reprieve when it comes to dealing with the administrative and compliance difficulties associated with the Family and Medical Leave Act. In a May 21 announcement, the agency’s spring regulatory agenda – highlighting its plans for the coming year and beyond – contained a noteworthy entry calling for information to help revise the statute’s regulations to help “reduce administrative and compliance burdens on employers.” What do employers need to know about this impending development, and how might they influence this process to their benefit?

What Am I Doing Wrong?? Common FMLA Mistakes (May 22, 2019)

“What did I do wrong?” and “Am I doing this correctly” are frequent questions from clients regarding FMLA administration. This is the 23rd blog in this series, which digs into the FMLA regulations to address discrete mis-steps that can result in legal liability.

U.S. District Court Highlights Job Reinstatement Obligations After FMLA Leave

On May 6, 2019, the U.S. District Court for the Eastern District of New York denied summary judgment on a Family and Medical Leave Act (FMLA) retaliatory transfer claim. The court found that the employer’s explanation for eliminating the plaintiff’s position while she was on leave, the timing of the decision, and remarks made during the plaintiff’s FMLA absence raised a triable issue of fact as to whether the plaintiff’s transfer was in retaliation for her exercise of FMLA rights. Ottley-Cousin v. MMC Holdings, Inc., No. 16-CV-00577 (MKB).

Hold the Phone: Employer Liable for FMLA Claim Even When Employee Was Not Eligible

Did you know an employer can be liable for an FMLA claim even when the employee is not actually eligible for FMLA? Below is how as a Wisconsin employer found this out, the hard way.

FMLA Leave: When Can Employers Prorate Bonus Payments?

Employers frequently wonder when to pay bonuses to employees on leave under the Family and Medical Leave Act (FMLA). Do employees who do not meet certain goals due to leave qualify for such bonuses? The FMLA regulations provide:

How Does an Employer Respond to an Employee with a Terminal Illness and Who Doesn’t Have Long to Live?

Andy, the Director of Human Resources at one of my clients, called me last week. He was pretty distraught.

What Am I Doing Wrong?? Common FMLA Mistakes (April 11, 2019)

“What did I do wrong?” and “Am I doing this correctly” are frequent questions from clients regarding FMLA administration. This is the 22nd blog in this series, which digs into the FMLA regulations to address discrete mis-steps that can result in legal liability.