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Managing FMLA Red Flags and Staying Ahead of the Trends: A Recap of our Webinar

Thanks to those who attended my webinar last week with Ellen McCann on “Managing Red Flags and Staying Ahead of the Trends.” If you missed the program, you can access the webinar and materials here.

"I Got Stuck in the Blood Pressure Machine at the Grocery Store and Couldn't Get Out!": How Employers Deal with the Most Outrageous Excuses for FMLA Leave

Don’t you hate it when someone glues your windows and doors shut so you cannot make it to work? Hasn’t happened to you? According to a recent CareerBuilder survey, this may very well have happened to one of your co-workers the last time he was absent from work.

When an Employee Requests FMLA Leave for a Workplace Injury, Is the Employer Required to Report it as an OSHA Event?

An issue that implicates both the FMLA and OSHA? Normally, I’d yawn and take a cat nap along with you.

Court Determines that Employer's FMLA Notice Sent by Email is Not Reliable (Sending Employer World into Tizzy)

We have a mini-FMLA crisis on our hands this week, and the courts are to blame. This issue involves the FMLA notices that employers send to employees, but more importantly, the delivery route in which they send them.

What Employers Can Learn from Physicians When It Comes to Administering the FMLA

Earlier this month, I took one for the team. And I survived. I had the privilege of presenting to a number of employers and health care providers at the annual “Impairment Without Disability” conference, an event sponsored by Mayo Clinic which brings physicians and employers together to share their common knowledge, experiences and goals, and work together to improve and eliminate unnecessary disability.

Don't Be Tripped Up by Light Duty Obligations under the FMLA and ADA: A Discussion of Employer Best Practices

Earlier this week, I had the privilege of presenting on the FMLA and ADA reasonable accommodations at CUPA-HR‘s annual conference with my friend, Stan Kulesa from The Standard.

Policy regarding return-to-work medical release trumps employee’s ADA and FMLA claims.

One of the questions most frequently asked by employers is whether an employee’s failure to comply with company policies regarding a return-to-work release can support termination of the individual’s employment. While courts differ on that issue depending upon judicial circuit and the specific facts of the case, the 8th U.S. Circuit Court of Appeals recently answered that question with a definitive “Yes.” Withers v. Johnson, 8th Cir., No. 13-2646, August 15, 2014.

Are You a Co-Employer? FMLA Joint Employer Liability Can Be Deadly

I’ve discussed far sexier topics than “joint employers” on this blog. After all, it’s not every day an employee gets drunk at a Polish festival at the very time she’s supposed to be on FMLA leave.

FMLA FAQ: Can We Terminate an Employee for Working a Second Job While on FMLA Leave?

Q: One of our employees has taken FMLA leave for anxiety attacks. Recently, we found out that she is working a similar job for another employer at precisely the same time she should be working for us. Can we deny her the right to return and terminate her employment because of this leave abuse?

Employer Rejects Employee's Fitness for Duty Certification, Faces FMLA Liability

The story is for all you hunt and peck typists out there. But its message is a lesson for all employers when it comes to returning your employee from FMLA leave.