The FMLA just got a whole lot broader. In what might be one of the key FMLA decisions of the year, a federal judge has upheld an employee’s right to take FMLA leave to care for her mother during a recreational trip to Las Vegas. Yep . . . you read it correctly. Employee + her mother + their trip together to Vegas = FMLA leave
Articles Discussing The FMLA Regulations.
Hurricane Sandy and the FMLA (Part II): How Do Employers Calculate FMLA Leave When the Workplace Closes Because of the Storm?
Thanks for the great feedback we received on our post earlier this week about Hurricane Sandy’s impact on employers when it comes to issues arising under the Family and Medical Leave Act. In your feedback, I received several requests to address the following question:
Failing to Follow Call-in Procedures Dooms Employee’s FMLA Claim
Later this week, I am conducting FMLA training for management employees at one of our clients. The training will focus on how the employer can utilize its own current personnel policies to properly administer FMLA leave and combat FMLA abuse. During this training, I am going to tell them about Ritenour v. State of Tennessee. Why? Because it’s a great example of how an employer properly applied its call-in policy to discipline and ultimately terminate an employee who chose to ignore her obligation to timely report her absences.
When Has an Employee Provided Sufficient Notice of the Need for FMLA Leave?
Often enough, HR professionals tell me that they have a difficult time recognizing when an employee has provided adequate notice of the need for leave under the Family and Medical Leave Act. A recent court case reminds us that: 1) the threshold for requesting leave is not that high; and 2) employers have an obligation to ask questions to determine whether FMLA leave may be at issue.
Is Time Spent Filling Your Prescription at Walgreens Covered by FMLA?
Take Bob. He is a machine operator. Bob suffers from back and leg pain as well as bouts of anxiety. As a result, he typically visits with his physician every couple of months and is on prescription medication. He’s been approved for intermittent FMLA leave as a result of his serious health condition(s).
DOL’s New Employee Guide to the FMLA Issued: What’s the Impact on Employers?
Earlier this week, the U.S. Department of Labor issued a 16-page FMLA guide that the DOL says is “designed to answer common FMLA questions and clarify who can take FMLA leave and what protections the FMLA provides.” Entitled “Need Time? The Employee’s Guide to the Family and Medical Leave Act,” the Guide apparently was created out of DOL’s belief that “too many workers don’t know about their rights under the FMLA and fail to take advantage of its protections,” as stated in a DOL press release earlier this week.
It’s a Fact: Employers Often Can Designate FMLA Leave in Longer Increments Than the Actual Leave Taken
In a recent post, I discussed an employer’s obligation to designate leave under the Family and Medical Leave Act even though the employee did not want it to be classified as FMLA leave.
FMLA FAQ: Must an Employer Designate FMLA Leave When the Employee Does Not Want to Use FMLA Leave, or When the Employee Fails to Mention FMLA?
One of our employees will be absent for a serious health condition. However, the employee prefers to use his accrued sick days instead of FMLA leave.
DOL’s Model FMLA Forms Now Approved Through 2015. Details Here…
As I reported last month, the Department of Labor has been working with the Office of Management and Budget to extend the life of its model FMLA forms, which expired on December 31, 2011. If you checked the DOL website today, you would find that the Department now has approval to use its model FMLA forms through February 28, 2015.
FMLA FAQ: Can an Employer Deny FMLA Leave to An Employee Who Is Not Yet Eligible to Take Leave?
Q: Can an Employer Deny FMLA Leave to An Employee Who Is Not Yet Eligible to Take Leave?
Best Practices: FMLA Leave to Care for an Adult Child
Perhaps it’s just me, but I recently have received several calls from clients inquiring about an employee’s right to take FMLA leave to care for an adult child (i.e., age 18 or older). Some examples include: Can a grandparent take FMLA leave to care for her daughter after the birth of her baby? Or can an employee take leave to care for an adult child suffering from depression? The answer is not always an easy one. What are an employer’s obligations when an employee seeks leave under the Family and Medical Leave Act to care for an adult child? (I apologize in advance for the length of this post, but I hope it’s worth the read.)
Employee’s FMLA Claim Dismissed After Taking a Trip to Cancun
Employees should think twice before setting off on a Cancun vacation while out on FMLA leave. In an FMLA decision that smacks of pure common sense, a federal court has upheld an employer’s reasonable work rules that restricted an employee’s travel outside the immediate vicinity while on FMLA leave.
Are Employees Eligible for FMLA Leave When A Natural Disaster Strikes?
Natural disasters like the kind we recently have witnessed in the flood-ravaged areas of the southern United States raise a host of issues for employers. Some wonder whether they are required to pay their employees during suspended operations; others are unsure whether and to what extent health benefits should be offered.
FMLA FAQ – Does a phone call to the doctor count as “treatment”?
An employee recently missed five days of work due to the flu. She did not visit the doctor, but did call in to the doctor’s office while she was out. Based upon the call, the doctor wrote her a prescription for some medication. Does this count as FMLA leave?
Where FMLA Bonding Leave is at Issue, Unmarried Parents Have More Generous Leave Rights
The folks at the California Public Agency Labor and Employment blog yesterday raised an issue that has popped up from time to time with our own clients: When it comes to “baby bonding” leave, does the Family and Medical Leave Act provide more generous benefits for unmarried parents than it does for married parents? In short, the answer is Yes.