Tag Archives: FMLA

DOL Will Again Issue Opinion Letters on FMLA, FLSA, and Other Sticky Employment Law Scenarios

The U.S. Department of Labor announced today that it will again issue opinion letters to assist employers and employees in interpreting laws like the FMLA and Fair Labor Standards Act.  The DOL has even established a new webpage to submit requests for opinion letters and to review old opinion letters. Sweet Baby Jesus!  I’m like a … Continue Reading

Can Employees Be Disciplined When They Exceed the Frequency or Duration on Their FMLA Medical Certification?

One of the biggest headaches for employers when administering FMLA leave is how to deal with the employee who exceeds the frequency or duration identified on the employee’s medical certification. Nearly all of these situations involve intermittent leave, which is the type of leave most frequently abused by employees. Take, for example, Joe, who suffers from irritable … Continue Reading

FMLA FAQ: Should an Employer Invite to the Holiday Party an Employee out on FMLA Leave?

‘Tis the season for employer-sponsored holiday parties. And I’ve been queried several times about whether an employer should invite to the annual holiday party all of those employees who presently are on FMLA leave. Several of you are already shouting at me through your computer screen or mobile phone: “Nowak, why the %*#@&* would we ask … Continue Reading

Join Me for a Complimentary Webinar: "Where ADA and FMLA Overlap: Leaves, Accommodations and Headaches, Oh My!"

It’s Webinar Time! When managing an employee with a medical condition, the issues involved regularly implicate the FMLA or ADA — or both. Using interactive case studies, we will address critical FMLA and ADA compliance considerations when dealing with the most difficult employee leave and accommodation scenarios. Please join us on Thursday, November 12 (12:00 – … Continue Reading

Join Me for a Complimentary FMLA Webinar: Managing FMLA Red Flags and Staying Ahead of the Trends

It’s Webinar Time! The year 2014 has ushered in a host of fascinating developments involving the FMLA. Courts across the country have issued critical decisions on an employee’s notice of the need for FMLA leave; whether an employee can affirmatively decline FMLA leave; combating FMLA abuse; and caring for a family member. Please join us … Continue Reading

Obama Administration Announces Proposed Rule Extending FMLA Leave Rights for Same-Sex Couples

The Department of Labor announced today a proposed rule that would allow an employee to take FMLA leave to care for a same-sex spouse, regardless of whether the employee lives in a state that recognizes their marital status.  As expected, the DOL has adopted a “state of celebration” rule, in which a spousal status for purposes of … Continue Reading

Join Me for an FMLA Webinar: "Conquering the FMLA Medical Certification Process: Best Practices for Employers"

It’s webinar time!  FMLA Medical certification is designed to help employers better understand an employee’s medical condition and their need for time off from work. So, why does such a helpful tool tend to create angst, confusion and frustration within the employer community? Let’s tackle medical certification head on! Please join us on Thursday, December … Continue Reading

Life After Wal-Mart v. Dukes: Is the FMLA the New Breeding Ground for Class Actions?

For several weeks now, attorneys and legal academics across the country have dissected the U.S. Supreme Court’s Wal-Mart v. Dukes (pdf) decision, which shut the door to a 1.5 million class of current and former female Wal-Mart employees who are claiming that they were denied pay increases and promotions because of their gender.  In striking down class … Continue Reading

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.  Pellegrino v. CWA (pdf). The Facts Denise Pellegrino, a … Continue Reading

Baseball's First Player Takes Paternity Leave

Here’s a shout out to all the dads out there who have a leg up on major league baseball players in at least one area — paternity leave.  Last week, National Public Radio reported that Texas Rangers pitcher Colby Lewis became Major League Baseball’s first player to exercise a new right under the parties’ collective bargaining … Continue Reading

Suffering from Super Bowl-Induced FMLA Leave?

This morning, the sound of the morning alarm was harsh reality for scores of employees throughout Wisconsin.  After celebrating a Packers Super Bowl victory late into the night (a bitter pill for this Bears fan to swallow!), they have no interest in dragging themselves out of bed and heading into work.  For employers, you need not be located … Continue Reading

Senator Dodd's Legacy: The Family and Medical Leave Act

In the upcoming weeks, the halls of Congress will welcome a number of new faces and bid farewell to many other personalities.  One of those personalities riding into the sunset is the longtime Senator Christopher Dodd of Connecticut.  Putting aside for now whether you love him or hate him, Senator Dodd leaves at least one … Continue Reading

Medical Certifications - Why, When and How? - Podcast No. 15

The medical certification is perhaps the employer’s most important tool for managing FMLA leave. Unfortunately, many employers simply don’t use the certification process, or don’t use it properly. In this podcast, we discuss why medical certifications are important, when and how to request them, and what to do when an employee fails to return a … Continue Reading

An Employee Has Requested FMLA Leave. Now What Do I Do? - Podcast No. 14

“Notice of Eligibility?  Designation Notice?  Medical certification form?  I give up!” We often hear from clients that they have a tough time properly responding to an employee’s request for leave that might be covered by the FMLA.  Clearly, under the new FMLA regulations, employers must be able to master this response.     After listening to … Continue Reading
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