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Jeff Nowak is a shareholder at Littler Mendelson P.C., the world’s largest employment and labor law practice representing management.  Jeff represents employers in all areas of labor and employment law, but his passion is the FMLA -- he eats, drinks and sleeps all things FMLA!

For decades, employers have applied the usual FMLA rules for an employee who cannot work because of limitations due to pregnancy. When these limitations render a pregnant employee unable to work, the employer has always had the right to obtain medical certification to confirm the limitation and the employee’s need for leave from work.

When

Love is in the air! Cupid’s arrow came in the form of something special this year – the ABA’s summary of 2023 FMLA decisions!

Every spring, the ABA’s Federal Labor Standards Legislation Committee publishes a comprehensive report of FMLA decisions handed down by the federal courts in the previous year. Although our little FMLA blog

Do you, by chance, offer your employees “Paw-ternity” leave?

More seriously, how about NICU leave?

With the ever-increasing reality that the federal government will offer no lifeline to streamline the ever-growing list of states mandating employee paid leave, employers have decided to take the lead, leading to a new wave of creative leave benefits to

After years of hosting FMLA parties, I invite you now to an ADA party!

Seriously.

A party where we spend nine hours together over three straight days discussing nothing but the A-D-A.

Are you excited yet!?! Let me explain more.

For years, many of you have attended my FMLA webinars and master class. In

Join me for my annual webinar in which I cover the key issues of the day. Unless you prefer to pay me, this webinar comes to you free of charge.

When: Wednesday, December 13, 2023 (12:00 – 1:15 p.m. central time)

Online registration: Click here

This year, we’re talkin’ pregnancy accommodations.

Managing employee accommodation

Halloween 2023 was a tough day in our house.

Every year, the holiday approaches with a great deal of parental anxiety not because we fret over what costume our 9-year-old daughter will select for the day.

Sheesh, that’s the easy part.

The hard part?

Waiting [hopelessly] for an invite from even one kid in her

Your employee, Johnny, is one of your poor performers. Upon receiving his latest written warning, he requests a leave of absence due to anxiety from working in a hostile work environment.

Tell me you’ve seen this one before.

Apparently, Johnny’s boss was guilty of being too direct. 

The next day, Johnny texts in a note

Today has arrived.

Though several states beat Congress to the punch, as of today, employers are required under the Pregnant Workers Fairness Act (PWFA) to provide reasonable accommodations to employees who are limited from working due to pregnancy and childbirth.

I provide an overview of the PWFA below, but first, please join me for a