Two Medical Conditions Can Equal One FMLA Serious Health Condition
Employers beware: Just when an employee gives you the left jab, look for the right hook. The combination of the two, as far as the Family and Medical Leave Act is concerned, can knock employers out. As reported by my colleague, Scott Cruz, last week, an employee may be able to add up two medical conditions -- neither of which would alone constitute a serious health condition under the FMLA -- to take FMLA leave.
Taking FMLA leave does not affect employee's obligations under non-FMLA attendance policies.
Employment termination during an employee’s leave under the Family and Medical Leave Act (FMLA) may constitute “interference” with that leave. However, an employer typically does not violate the FMLA if it terminates an employee for failing to comply with the company’s policies regarding absences, even if those absences occur during a protected FMLA leave. A recent decision by the 3d U.S. Circuit Court of Appeals reminds us that the FMLA is not a law that can remedy an employee’s failure to follow a company’s sick leave policies. Pellegrino v. Communications Workers of America, AFL-CIO, CLC, 3d Cir., No.11-2639, April 19, 2012.
When can an employer fire an employee for medical leave fraud?
I was off enjoying the Florida sunshine last weekend while learning the latest techniques in pettifoggery and obfuscation (kidding!), but I hope I'll be making up for it today with a good case answering the musical question: "What does an employer do when it finds out that its employee on 'medical leave' is actually doing stuff?"
Requiring Employees to Return to Work With No Restrictions or To Be "100% Healed" is a Huge Risk for Employers
There must be something in the water. Over the past few months alone, I have reviewed a number of employers' policies and correspondence regarding an employee's return to work from a leave of absence. What has been surprising to me is the number of employer policies that require an employee to return from leave with "no restrictions" or "100% healed." Consider the following requirement, which was embedded in an employer's return to work notice at the conclusion of FMLA leave:
Court Rules that an Employee Can Combine Two Health Conditions that Result in Health-Related Absences of Less than Three Days to Trigger FMLA Protection
In a recent decision, a federal district court in Minnesota held that the cumulative effect of multiple health conditions may be considered by a jury to determine whether an employee suffered from a serious health condition that entitled her to an FMLA leave of absence, even though each condition on its own likely did not qualify as a serious health condition under the FMLA (Fries v. TRI Mktg. Corp.).
Updated FMLA Forms
The US Department of Labor (DOL) recently posted updated versions of its model Family and Medical Leave Act (FMLA) notification and certification forms, effective through February 28, 2015. The updated model forms are as follows:
A Tale of Two Federal Districts: The Uncertain Fate of the NLRB Poster
The fate of the National Labor Relations Board (“NLRB”) poster is in legal limbo. Last month, Judge Amy Berman Jackson of the U.S. District Court for the District of Columbia ruled the NLRB had the authority to require employers to display an oversized poster informing employees of their right to unionize. That decision is on appeal to the D.C. Circuit. Now, Judge David C. Norton of the U.S. District Court for the District of South Carolina has reached the opposite conclusion. An appeal is expected. Neither court possesses authority superior to the other. The result: a legal mess and a nation of employers uncertain about what to do next.
DOL Extends Comment Period for Proposed FMLA Regulations to April 30, 2012
On February 15, the Department of Labor published proposed regulations to the Family and Medical Leave Act in three specific areas: 1) Military Family Leave; 2) Flight Crew FMLA Eligibility; and 3) the manner in which employers calculate increments of FMLA leave.
FMLA FAQ: Can an Employer Require an Employee to Make Up Time Taken as FMLA Leave?
We have an employee who works four days per week. He regularly calls off work one day every other week due to his chronic bad back. Can we require that he "make up" his day off later in the workweek?
A lesson in managing a workplace mistake
A recent case from the 6th U.S. Circuit Court of Appeals teaches us a little about the Family Medical Leave Act, but a lot more about how an employer should manage a workplace mistake.
