We all know that the FMLA is fraught with pitfalls that can lead to costly mistakes. But a collective action for simply failing to post a notice? On January 6, 2017 a U.S. District Court in Maryland rejected such an attempt.
Articles Discussing The FMLA Regulations.
Butt Implants, Male Breast Reductions Among Top Plastic Surgery Trends. But Are These Procedures Protected by FMLA?
Apparently, Kim Kardashian isn’t the only one whose derrière seems to have transformed over the years.
Use The “Rolling” Method to Calculate FMLA Leave! This Employer Learned the Hard Way
Every once in awhile, I find myself counseling an employer with either no FMLA policy or one completely lacking any meaningful details. Often, these policies fail to include key provisions to protect against liability.
Can an Employee Decline FMLA Leave Simply by Checking a Box on a Form?
Do you require your employees to fill out a form or an application to request leave under the Family and Medical Leave Act? If not, are you thinking of changing to such an approach? Either way, pay attention to this story about Carrie, whose particular leave situation is instructive for employers.
A Cruise Aboard the Love Boat is Not Protected by the FMLA, Even When the Doc Says It’s a Good Idea
This post has nothing to do with Netflix and its new, generous parental leave policy. Or GOP presidential candidate Carly Fiorina’s latest position on paid leave. Sorry to disappoint.
Need To Investigate Employee Misconduct While the Employee is on FMLA Leave? Follow This Employer’s Lead
Even once in awhile an employer has handled an FMLA situation so effectively, you just want to shout out, “You Go Girl!” . . . or let out a fist pump (like you just sank a 70-foot birdie) . . . or initiate a wild chest bump in the hallway with a colleague (after you just landed that new client).
FMLA FAQ: If Your Employee Checks into the Hospital After Midnight, Is It an “Overnight Stay” under the FMLA?
Q: One of my employees complained of chest pains at work and later went to the emergency room at the local hospital. However, we have learned through his medical certification that he was not admitted to the hospital until after midnight. He spent most of the day in the hospital and was discharged later that same day. In total, he missed two days of work. Is this absence covered by the FMLA?
How Fowl! Is An Employee’s Text and His Girlfriend’s Report Enough to Establish Notice of Need for FMLA Leave? Not So Fast…
This one just smells fowl. Delbert (not sure if he goes by Del or Bert, so I’ll just call him Delbert) decided not to show up for work at Tyson Fresh Meats on December 28. Instead, he asked his girlfriend, who also worked for Tyson, to report his absence for him. She obliged and told Delbert’s supervisor that he “would be absent or late” on December 28. On that same day, Delbert texted his supervisor, stating that he was “having health issues, would be out a few days, and needed to see a doctor.”
DOL Publishes New FMLA Forms — Good Through May 2018
Those sneaky little rascals! While the rest of us were enjoying our Memorial Day holiday, those crazy kids over at the Department of Labor were still working away. This time, they were busy posting the new model FMLA notices and medical certification forms. Expiration: May 31, 2018!
DOL Will Not Enforce Final FMLA Regulation Regarding Same-Sex Spouses in Four States
Last week, I reported that a federal district court in Texas had halted the DOL’s enforcement of its final rule that would allow employees to take FMLA leave for their same-sex spouse.
Does FMLA Cover In Vitro Fertilization? Does It Matter if Dad’s Sperm is to Blame?
Is that all it takes to get you to click on my blog entry — make a reference to “sperm” in the blog title and post a silly photo of this little guy? That was like taking candy from a baby!
Employer’s Lack of FMLA Compliance in Handling FMLA Leave Request is a Lesson for the Rest of Us
Want a glimpse into a world where an employer fails to maintain a legally compliant leave management process? Let me warn you — what you are about to read is not pretty and not for the faint of heart.
DOL Final Rule Amends FMLA Definition of “Spouse”
The Family and Medical Leave Act (FMLA) provides that eligible employees of covered employers are entitled take unpaid, job-protected leave for specified family and medical reasons. On February 25, the United States Department of Labor (DOL) issued a Final Rule revising the definition of “spouse” under the FMLA to allow eligible employees in legal same-sex marriages to take FMLA-protected leave to care for their spouse or family member, regardless of where they live. The DOL asserts that the amendment will afford spouses in same-sex marriages the same ability as all spouses to fully exercise their FMLA rights.
Employer Requires Employee to Work During FMLA Leave. Ummmm, Is This a Problem?
Sure, Joan, you can take a leave of absence, but you’re still going to work while you’re out, right?
Employer Fails to Provide Leave of Absence to Probationary Employee, Pays the Price
Adam was a maintenance technician for EZEFLOW, a company which manufactures pipe fittings. He also was a marine corps veteran who served in both Iraq and Afghanistan.