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No Magic Words Needed in Employee Requests for Leave That Might Be Protected By FMLA

A terminated employee may proceed with his Family Medical Leave Act (FMLA) retaliation claim even though he never specifically requested leave under that statute, a Maine federal court has ruled. Waterman v. Paul G. White Interior Solutions, No. 2:19-cv-00032-JDL (D. Me. Nov. 5, 2019).

A Recap of our Webinar: Effective Ways to Protect Your Organization Against FMLA Abuse

Thanks to those who attended my webinar last week with Matt Morris on “Stop the Madness! Effective Ways to Protect Your Organization Against FMLA Abuse.” A link to access the recording can be found here, and the presentation PowerPoint slides can be downloaded here.

What Am I Doing Wrong?? Common FMLA Mistakes (December 18, 2019)

“What did I do wrong?” and “Am I doing this correctly?” are frequent questions from clients regarding FMLA administration. This is the 28th blog in a series highlighting some of the more common mistakes employers can inadvertently make regarding FMLA administration.

Employers Must Ensure Their Leave Administrators Understand Who Is Entitled to FMLA Leave

Employers must ensure they understand who is entitled to leave under the Family and Medical Leave Act (FMLA). In a recent decision, a federal court has ordered a plaintiff’s claims to proceed to a jury trial to determine whether the plaintiff’s former employer interfered with her rights under FMLA.

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.
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