It’s that time of year — my kids are already making changes to the fourth draft of their Christmas wish list, holiday music has been playing on my local radio station for four weeks now, and I’m just about ready to claim the couch where I will spend most of Thanksgiving week in my PJs
Jeff Nowak
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!
Join Me for a Complimentary Webinar: Complying with the FMLA and ADA When Your Employee is Dealing with a Mental Health Condition
When: Wednesday, December 13 (12:00 – 1:15 p.m. central time)
Online registration: Click Here
Employers are increasingly managing employees who suffer from mental health conditions such as depression, stress, and panic attacks. Studies show that these mental health conditions are leading to increased use of FMLA leave. Administering FMLA leave and ADA accommodations in…
At last! Not One, But TWO Court Decisions That Scale Back an Employee’s Right to Take Additional Leave After FMLA is Exhausted
There may not be an issue that strikes more fear in the land of HR than how to deal with an employee who cannot return to work after FMLA leave expires. Is some additional leave beyond 12 weeks required? The answer is almost always ‘yes.’
But how much leave are we obligated to provide?
For…
When You Don’t Train Your Managers on the FMLA, You’re Begging for This Kind of Smackdown
When a manager learns that one of his employees is in the hospital for several days, that’s almost always enough information for the employer to have an inkling that the employee may need FMLA leave.
But one employer didn’t think so. And the penalty for its mistake was costly. Let me explain.
The Facts
Grace…
If an Employee Attends a Beyonce Concert While on FMLA Leave, Can She Be Terminated?
All the single ladies . . . all the single ladies . . .
Now put your hands up, oh, oh, oh . . .
Imagine marketing director, Michelle, jamming to this Beyonce song in the middle of AT&T Stadium in Dallas. On that very day, however, she’s supposed to be recuperating at home after…
FMLA FAQ – When does the 15-day period for returning a certification start?
Q: An Employer must allo employees at least 15 days to return a medical certification, but when does the 15-day clock start running?
A: Start on the day the employee receives the request for certification.
The FMLA rules state that if an employer asks for a medical certification or recertification of a serious health condition,…
Hurricanes Harvey, Irma and the FMLA: Are Your Employees Eligible for Leave During a Natural Disaster?
Our thoughts and prayers are with those in Texas and Louisiana whose lives have been impacted by Hurricane Harvey and those in Florida in the dangerous path of Hurricane Irma. Join us sending a donation to those organizations performing rescue operations and providing much needed help to our fellow Americans in need.
Natural disasters…
Comprehensive Analysis of New York Paid Family Leave: What Must Employers Do Now to Comply?
Are you an employer located in New York? Or might you employ even one worker in New York?
If so, you need to read this.
Last year, New York State passed a Paid Family Leave (PFL) law as a part of its existing state disability law, requiring employers with one or more employees to obtain…
Poorly Implemented FMLA Policies and Procedures are Killing Employers. Don’t Be That Employer.
Poorly implemented FMLA policies and procedures are in the spotlight this week. And just a few vague words and a slip up are costing two employers hundreds of thousands of dollars.
Their mistakes, however, are golden lessons for the rest of us.
Confusion Over How Much Maternity Leave is Provided
In Sad Employer Story No.…
FMLA FAQ: Can a Chiropractor Certify FMLA Leave for the Chronic Bad Back? And Are There Limits?
Backs across America must collectively be giving out, as my clients’ questions about medical certification from chiropractors are on the increase.
So, I’ll hit this one head on: Is a chiropractor considered a health care provider under the FMLA? And are there any special rules that apply to them? Yes and yes.
Are Chiropractors “health…