Our thoughts and prayers are with those on the east coast who are attempting to return to some sense of normalcy in the wake of the devastation left behind by Hurricane Sandy.
Natural disasters like Sandy raise a host of issues for employers: how do you pay your employees during during suspended operations? Whether
Dads need lovin’ too. So says a federal court judge, who has allowed a father to proceed on his FMLA retaliation claim after the employee alleged that his employer’s “macho man” culture was a culprit in his ouster.
As I detailed in a previous blog post, Ariel Ayanna was an attorney at a Boston-based
Last week, I responded to an FAQ that often arises for employers when administering the Family and Medical Leave Act: How do employers count unexcused absences when an employee does not return medical certification?
Here’s a real life application of this question: Kimberly Miedema was an employee of Spectrum Catering, and after having claimed
Q: We requested that an employee have his health care provider complete FMLA medical certification in conjunction with what appears to be an FMLA-related absence. The employee has been off work for 30 days and we still have not received certification. Can we count any of these days as unexcused absences?
A: Before you get
The Family and Medical Leave Act and its regulations tell us that an employer must return an employee to the same or an equivalent position upon return from FMLA leave. Not surprisingly, I often am asked by clients, “What is an ‘equivalent’ position?”
On their face, the FMLA regulations seem to be a bit unforgiving