Jackson Lewis P.C. • October 24, 2016
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.
XpertHR • October 14, 2016
When Deloitte, the national auditing, tax and consulting firm, recently announced its new paid family leave policy, HR professionals took notice.
Jackson Lewis P.C. • October 13, 2016
“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.
Franczek Radelet P.C • September 29, 2016
As employers, we face a sobering reality: at every turn, the FMLA sets us up to fail.
Franczek Radelet P.C • September 14, 2016
Disclaimer! Disclaimer! This is not a political post. This is meant to be good, clean fun. But where current events meet the FMLA, I’m as giddy as a five-year old boy coming eye-to-eye with his first dump truck!
FordHarrison LLP • September 08, 2016
Can you ask employees to waive FMLA rights? Depending on whether those rights are “prospective” or not, the answer might be “Yes,” at least in Eleventh Circuit. The Eleventh Circuit recently issued a decision interpreting, for the first time, the meaning of the term “prospective” as applied to the Family and Medical Leave Act’s (FMLA’s) prohibition of the waiver of prospective FMLA rights. In the past, when clients would ask about having an employee waive their FMLA rights in a separation agreement or settlement agreements, we would tell them, “Yes…but…you would arguably have to have it approved by the Department of Labor (DOL) or a court” for the release to be truly valid and not subject to being voided.
Franczek Radelet P.C • September 08, 2016
Such is the story of Tim, a manager for Tyson Foods. Over the course of several years, Tim had all the makings of a bully: in 2010, he was disciplined for intimidating a subordinate; in 2011, he was disciplined for openly harassing another employee; in 2012, he again was admonished for threatening an employee with termination for their (legitimate) use of overtime.
Ogletree Deakins • September 07, 2016
A healthcare employer’s primary mission is to provide appropriate medical care and treatment to patients. In order to provide such care, healthcare companies rely on the steady and committed presence of competent, licensed professionals who are ready, willing, and able to perform the tasks necessary to make sure patients’ needs are met.
Franczek Radelet P.C • August 26, 2016
Doris worked for the Chipotle restaurant chain. And she was pregnant. After she announced her pregnancy to her supervisor, Doris claimed her boss began monitoring her bathroom breaks (then berated her for taking too long), required her to “announce” her bathroom breaks to others, prohibited her from taking shift breaks, denied access to water, and eventually terminated her employment in front of other employees because she attended a prenatal doctor’s appointment.
Jackson Lewis P.C. • August 17, 2016
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).