join our network! affiliate login  
Custom Search
GET OUR FREE EMAIL NEWSLETTERS!
Daily and Weekly Editions • Articles • Alerts • Expert Advice • Learn More

The DOL's FMLA Forms Are Expiring! Are Employers Still Required to Comply with the Law?

The DOL’s model FMLA forms and notices are about to turn into the proverbial pumpkin come midnight this Friday, June 1, 2018.

What Am I Doing Wrong?? Common FMLA Mistakes. (May 14, 2018)

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

Next Time Your Employee Requests FMLA Leave, Choose Sincerity with a Touch of Empathy

When it comes to administering FMLA, I’ll admit — I have grown cynical and hardened. Like a doctor who becomes desensitized to blood and guts, I, too, have become desensitized to an employee’s antics while on FMLA leave.

Are You Interfering With FMLA Rights If You Offer The Option to Work During Leave?

Employees who take leave to care for a family member often have the ability to continue working during their leave if the caretaking obligations do not consume all of their time. If the employee asks to work limited hours while taking time off to care for a family member that is generally treated as a request by the employee for reduced schedule or intermittent leave. But what happens if the employee requests a continuous leave and the employer tells the employee she can continue working a limited schedule if she wants to? What if the employee interprets the “offer” as a “request?” This issue was recently addressed by the Fifth Circuit Court of Appeals in D’Onofrio v. Vacation Publications (5th Cir. Apr 23, 2018).

eLABORate: Fifth Circuit Rules That Threat of Workplace Violence Trumps FMLA Retaliation Claim

An alleged threat by a former Southwest Airlines employee, “that he wished he could order a black trench coat so that he could bring his shotgun to work,” was enough to derail the claim that his employer terminated him in retaliation for taking intermittent leave under the Family and Medical Leave Act (“FMLA”). In affirming the District Court’s grant of summary judgment in favor of Southwest, the April 18, 2018 opinion by the U.S. Court of Appeals for the Fifth Circuit agreed the airline had established a legitimate non-discriminatory reason for discharging the employee, and that he had failed to prove that the reason was pretextual or false.

IRS Issues FAQs on Paid Family and Medical Leave Tax Credit

The IRS has issued FAQs to provide guidance to employers relating to portions of the newly enacted Tax Cuts and Jobs Act of 2017 that created the Paid Family and Medical Leave Tax Credit. The tax credit, provided in Internal Revenue Code section 45S, allows eligible employers to claim a general business tax credit up to 25 percent of the wages paid to qualifying employees when such employees take family and medical leave.

EEOC’s Notice Pleading Survives Motion to Dismiss in Failure to Accommodate and Wrongful Termination Suit

A North Carolina district court recently declined to dismiss a failure to accommodate and wrongful termination action brought by the EEOC on behalf of a patient accounts representative in EEOC v. Advance Home Care, Inc. (“Advance”). The plaintiff was discharged after she could not return to work without restrictions following exhaustion of her FMLA leave. The court held that the EEOC’s complaint adequately alleged that the employee was qualified for her position and linked Advance Home Care’s alleged failure to accommodate to the discharge.

DOL Issues Opinion Letter Allowing Employers to Avoid Payment for Excessive 15-Minute FMLA Breaks; Employers Yawn

Last June, the U.S. Department of Labor announced that it would again issue opinion letters to assist employers and employees in interpreting laws like the FMLA and Fair Labor Standards Act. It was a welcome change as far as the employer community was concerned.

Employees Are Not Entitled to Compensation for FMLA Covered Breaks

As mentioned previously here last summer, the U.S. Department of Labor’s Wage & Hour Division has brought back the Opinion Letter, the process previously used by attorneys and HR professionals to obtain guidance from the WHD. The DOL dropped the practice in 2010, but it has since been reinstated.

What Am I Doing Wrong?? Common FMLA Mistakes (April 5, 2018)

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