On May 25, 2022, during Mental Health Awareness Month, the Wage and Hour Division (WHD) of the Department of Labor, the agency responsible for enforcing the Family and Medical Leave Act (FMLA), issued Fact Sheet # 28O and related Frequently Asked Questions, which discuss mental health and leaves of absence
Articles discussing the Family and Medical Leave Act (FMLA) an other topics related to workplace leave.
A Key to FMLA Success: Supporting our Employees as Mental Health Issues Arise
The client calls are a regular part of my everyday, increasingly so during the COVID-19 pandemic.
Stress. Anxiety. Depression.
The causes are as numerous as the stars in the sky.
Simply put, a growing number of our employees are dealing with serious mental health issues that render them unable to
Can an employer require two calls from an employee to request FMLA leave?
Sometimes employers’ policies will require an employee to notify more than one person about taking FMLA leave. This can be for very legitimate reasons. It might be that an employee is required to notify a supervisor and HR. Or, an employee might be asked to notify a Third Party Administrator (commonly abbreviated as a TPA), in addition to someone at the company. Although some courts have upheld an employer’s right to require an employee to notify multiple parties about FMLA leave, others have limited employer options.
What Can Baseball Teach Us about the FMLA?
Luke and White Sox closer, Liam Hendriks
I love baseball.
I love the sport so much that, in the Nowak family, we are taught that America’s favorite pastime was formed in the story of Creation somewhere between the placement of the stars and Adam’s rib.
As a lifelong Chicagoan, I long
What the Heck? Why Are Leave of Absence Laws So Complicated?
In this episode, Jen provides tips for employers struggling to comply with various leave of absence laws, including the FMLA/CFRA, California’s Pregnancy Disability Leave law, the Americans with Disabilities Act, and California’s Fair Employment and Housing Act.
Employee’s Poor Performance Trumps FMLA Claim
On March 9, 2022, the U.S. Court of Appeals for the Seventh Circuit issued an employer-friendly decision in Anderson v. Nations Lending Corporation. Despite some facially bad facts—including that the employee was discharged only four days after returning from leave under the Family and Medical Leave Act (FMLA) and subject
ABA’s Summary of 2021 FMLA Cases an Outstanding Resource for Employers
If you’re not attending my two-day FMLA master class/party next week (there still is time!), you might find this additional resource helpful for your FMLA efforts.
Every February, the American Bar Association’s Federal Labor Standards Legislation Committee publishes a comprehensive report of FMLA decisions handed down by the federal courts
DOL Announces Ramped-Up FMLA Audits for Employers in Select Industries
They’re baaaaaack!
Earlier this month, the Department of Labor announced that it would ramp up FMLA audits (as well as wage and hour audits generally) on employers, particularly those in the warehouse and logistics industries.
Noting the increased demand and the constraints on the global supply chain “have combined to
Join Me for a Two-Day FMLA Party: An FMLA Master Class!
As I celebrate my third anniversary at Littler, I’d like to invite you to an FMLA party.
Seriously.
A party where we spend seven hours together over two straight days discussing nothing but the F-M-L-A.
Are you excited yet!?! Let me explain more.
FMLA Master Class
For years, many of
Should Bucs’ Wide Receive Antonio Brown Been Offered FMLA Leave Instead of Getting Canned?
Hey, thanks for hitting on that clickbait!
Now that you’re here, let me tell you the story of Antonio Brown, soon-to-be former football player for the Tampa Bay Buccaneers. This past Sunday, Brown engaged in a verbal spat on the sidelines with the Buc’s head coach, Bruce Arians, over whether
Access the Recording of our Webinar: Managing Remote Work Requests During (and After) the Pandemic
Thanks to those who attended my webinar last week with Matt Morris on “Managing Remote Work Requests During (and After) the Pandemic.” You still can access the recording here (a short registration is required), and the presentation PowerPoint slides can be downloaded here (pdf).
To the nearly 6,000 people who registered
FMLA Interference: Court Finds Defendants’ Motion to Dismiss to Be Premature
In Smith v. School Board for the City of Norfolk, Virginia, et al., No. 2:21-cv-138 (November 5, 2021), the U.S. District Court for the Eastern District of Virginia refused to grant a motion to dismiss to the Norfolk School Board and individual defendants, finding that discovery was necessary to determine
Has Federal Paid Leave Been Resurrected from the Dead? Pelosi-backed Legislation Needs a Lifeline to Survive
The ink had not even dried on my blog post last week (calling federal paid leave a possibility) when a federal paid leave bill pending in the House was declared dead.
Fast forward to yesterday, when news outlets began reporting that federal paid leave may not be dead after all.
Will Federal Paid Leave Finally Become Law? We’ll Likely Learn This Week, but Here’s Where We Stand as of Today
Back in April, President Biden unveiled an aggressive plan to provide federal paid family and medical leave to employees at workplaces across America. Dubbed the “American Families Plan,” the law would provide up to 12 weeks of paid leave to American workers essentially for the same reasons currently covered
What’s an Employer To Do When It Realizes It Failed to Provide an Employee Any Required FMLA Notices?
Everyone one of us has been there.
Your employee, Johnny, takes a leave of absence because he stubbed his toe at work, resulting in a lengthy worker’s compensation absence. For one reason or another, Johnny’s one week leave of absence turns into one month, then six months.
One night, right