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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.

Why Paid Family Leave Should Be on Your Radar – If It Isn’t Already

Have you been hearing a lot about paid family leave (PFL) lately? For those in the HR world, you may feel like the subject is hitting you from all sides with talk of legislation at the federal level and several states creating new PFL programs or expanding existing ones.

Untangling Complex Leave Issues – Part II

In the second episode of this two-part series, John Stretton and Rachel Mandel discuss the complexities surrounding the Family and Medical Leave Act and the Americans with Disabilities Act, including no fault attendance policies, benefits issues, suspected leave fraud, and other challenging situations.

DOL Says Employers May Not Delay Designation of FMLA Leave

Employers may not delay designating paid leave as Family and Medical Leave Act (FMLA) leave or permit employees to expand their FMLA leave beyond their 12-week entitlement, according to a new opinion letter from the US Department of Labor (DOL).

eLABORate: DOL Opinion Letter - Employers Cannot Delay Designating FMLA

On March 14, 2019, the U.S. Department of Labor’s Wage and Hour Division (DOL) issued an opinion letter addressing the DOL’s position on: (1) whether an employer can delay designating paid leave as Family and Medical Leave Act (FMLA) leave; and (2) whether an employer can expand an employee’s FMLA leave beyond the statutory 12-week (or 26-week) entitlement. Simply put, the DOL answered both in the negative.