Join over 500 people who already have signed up for our complimentary FMLA Webinar, which will take place next Wednesday, September 29 from 12:00 to 1:15 p.m. CDT. The Webinar will address a common issue that has plagued too many HR professionals — employee abuse of FMLA leave. We will identify the most
September 2010
Failure to Follow Employer’s Leave Procedures Dooms FMLA Claim
By Jeff Nowak on
Posted in Notice
Employers frustrated with their employees’ lack of communication during FMLA leave have found a friend in the Seventh Circuit Court of Appeals. In what must be described as a solid win for employers, the appellate court (which covers IL, IN and WI) affirmed the dismissal of a former employee’s Family and Medical Leave Act claim against the company that fired her after she failed to provide proper notice under the company’s policies for an extension of leave. Brown v. Automotive Components Holdings, LLC, and Ford Motor Co.Continue Reading Failure to Follow Employer’s Leave Procedures Dooms FMLA Claim
6th Circuit: Employee Can Proceed With FMLA Claim Despite “Negative Certification”
By Jeff Nowak on
Posted in Court Decisions, Medical Certification
When an employee remains absent even after her doctor provides a medical certification confirming that she can return to work, it might seem reasonable for an employer to deny the employee any further FMLA leave and, if the employee fails to return, to terminate her employment. However, if the employer has not specifically informed the…
FMLA FAQ – Is a cold or the flu a serious health condition?
By Jeff Nowak on
Posted in FMLA FAQs
Q: Can an employee take FMLA leave due to a cold or the flu?
A: Yes, if it otherwise meets the definition of a “serious health condition.”
This question is confusing to many employers, and even some folks who hold themselves out FMLA experts. The source of this confusion is a misleading passage in the…