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.
Articles Discussing The FMLA Regulations.
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.
A Game-Changing Decision? Sending FMLA Notices to Employees by U.S. Mail May Not Cut It Anymore
With all the FMLA paperwork that a leave administrator has to provide an employee during the FMLA process, youโd wonder whether youโre attending a real estate closing. All these documents โ whether itโs the Notice of Eligibility, medical certification, or the Designation Notice โ typically get sent by good old fashioned snail mail, delivered by your friendly neighborhood U.S. postal worker.
Does an Employer Have an Obligation to Provide Accommodations to Pregnant Employees? Don’t Follow This Employer’s Lead
Ena Wages served as a property manager for one of several apartment complexes owned by Stuart Management Corp. She began her employment on November 17, 2008, and this is significant under the FMLA because nearly one year later, on November 13, 2009, Enaโs physician restricted the number hours she could work as a result of complications caused by her pregnancy.
Employer’s Improper and Untimely FMLA Notices Didn’t Harm Employee, So No FMLA Violation
Hereโs a shout out to all you employers out there who forget to send your employees the proper FMLA notices when they seek leave for a reason covered by the FMLA. Occasionally, the courts have your back, despite your lack of attention to detail.
FMLA FAQ: Can an Employer Force an Employee on FMLA Leave When the Employee Wants to Continue to Work?
Q: This week, one of our employees professed her love to one of her co-workers (who is married) and announced to everyone that they had been dating. The problem is โ itโs not true.
Employees Can’t Take FMLA Leave for “Potential” Absences in the Future
Did you ever have an employee tell you that he has medical condition “x,” which will require time off at some point in the future? Normally, you tactfully tell him to come back when he actually needs time off, correct?
FMLA FAQ: Can an Employer Designate FMLA Leave When an Employee Refuses to Provide Medical Certification?
I received a ton of feedback last week in response to my post about whether an employee can decline FMLA leave even though the absence qualifies under the Act.
Can an Indefinite Leave of Absence Be a Reasonable Accommodation?
One of the most difficult issues an HR professional or in-house employment counsel faces is how to deal with an employee who cannot return to work after FMLA leave expires. Is additional leave required? What law applies and what are the obligations for an employer in this situation?
DOL Lawsuit Highlights Simple Reality: Employers Who Ignore FMLA Regulations Face Severe Consequences
When an employer ignores the FMLA regulations as it ponders a termination decision, the consequences can be severe.
The Importance of Providing Individual FMLA Notices to Employees
The Department of Labor was serious when it required employers beginning in 2009 to provide individual FMLA notices to employees regarding their eligibility and rights (Notice of Eligibility and Rights & Responsibilities) and whether FMLA applies (Designation Notice).
DOL Issues Final Rule Implementing FMLA Amendments Expanding Military Family Leave and Leave for Airline Flight Crew Members
This week, the Department of Labor released its final rule implementing the Family and Medical Leave Act amendments under the National Defense Authorization Act of 2010 (NDAA) and the Airline Flight Crew Technical Corrections Act (AFCTCA). The final regulation also revises a handful of existing regulatory provisions, and removes the model FMLA forms from the appendices of the regulations. I reported on these proposed changes in greater detail in a previous blog post last year. The final rule takes effect March 8, 2013.
Legal Alert: Department of Labor Issues New Guidance Clarifying FMLA Qualifying Leave
Executive Summary: The Department of Labor (DOL) has clarified the definition of “son or daughter” to now permit an eligible employee to take leave under the Family and Medical Leave Act (FMLA) to care for an adult child who is incapable of self-care because of a disability, regardless of how old the child was when the disability commenced. This clarification also impacts the FMLA’s military caregiver provision.
DOL Issues Guidance on “Caring for an Adult Child” Under the FMLA
Yesterday, the U.S. Department of Labor issued an Administrator’s Interpretation (AI) to clarify the factors an employer must consider when an employee requests leave to care for an adult child.
An Employee Requests and is Denied Vacation Leave but Later Takes FMLA Leave for the Same Time Period. What Recourse Does an Employer Have?
This scenario is all too familiar for employers: shortly before Christmas, your employee requests vacation leave for Christmas Eve and New Years Eve. Due to seniority or the employee’s last minute request for time off, her leave request is denied. However, like clockwork, she calls off sick and requests FMLA leave on Christmas Eve and NYE, claiming she can’t work due to a flare up of her chronic bad back.