Can an employer discipline an employee for exceeding the frequency of expected absences indicated on an FMLA medical certification?
I’m actually going to answer this question tomorrow during a free webinar sponsored by the Disability Management Employer Coalition (DMEC), where we will cover key FMLA and ADA cases from 2019. I hope you can attend.
Contrary to popular opinion, the biggest news lately out of the U.S. Department of Labor is not the fact that the agency just this week announced a final rule that would make over one million American workers newly eligible for overtime pay.
Oh, no way!
Why worry about minimum wage and overtime issues when the
Earlier this year, the Department of Labor made clear in an opinion letter that neither an employee nor an employer may decline FMLA leave where an eligible employee is absent for an FMLA-qualifying reason. As the DOL noted in this March 2019 opinion letter, this is particularly true even where the employee would prefer that
If I gave you a million tries, you’d never guess that the next Department of Labor FMLA opinion letter would answer the question [wait for it . . .]: Is an employee’s attendance at a child’s IEP meeting covered by the FMLA?
The Answer? Yes. Most definitely, yes.
In an opinion
It’s a Friday in the middle of summer. So, approximately half of your workforce called off today due to an FMLA-related absence. [Well, not really, but I’m not that far off, amirite?]
Take heart. At least you’re not the City of Chicago.
As reported this week by the City’s Inspector General, three
Remember when I told you a few months ago that employers can and should consider requiring that employees make two calls to request FMLA leave? For instance, you might require one call to the supervisor to report the absence, and a second call to Human Resources (or your third party administrator) to request FMLA
It’s been just over 10 years since the Department of Labor last introduced wholesale changes to the FMLA regulations.
Remember those happy days back in 2009, when we were introduced to new FMLA notice requirements (for all), clarity over employee eligibility and holidays, emphasis on call-in procedures, favorable bonus language and waivers of FMLA rights?
Andy, the Director of Human Resources at one of my clients, called me last week. He was pretty distraught.
One of his employees, we’ll call him Tom, has been battling lung cancer, and he recently learned that the cancer has advanced to stage four. It’s clear that his days are numbered.
Tom has been a
Every one of you employs at least one of these employees — you know, the one who:
He might even get indignant, insisting that the law allows him
I can’t imagine anything more exciting than having joined Littler earlier this year. [Click here to read about that virtual love fest.]
But I have found a close second: the arrival of the American Bar Association’s summary of every FMLA case decided in 2018!
Yep, you read that correctly. Every little scrumptious FMLA