Every other employment attorney has been offering their opinion on how the election of Donald Trump will impact employment law. So, I’d feel left out of this riveting discussion if I didn’t offer my two cents about how a Trump presidency might impact by far the most exciting area of employment law — employee medical
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!
Can an Employer Require That an Employee Submit FMLA Certification from a Specialist to Support the Need for FMLA Leave?
When it comes to FMLA medical certification, my clients have many complaints.
One beef, in particular, is vague medical information they receive on a certification completed by the employee’s primary care physician. This is particularly true where the employee’s mental health is at issue. Employers (rightfully) complain that they deserve medical information from a specialist…
Join Me for a Free Webinar: “FMLA Abuse Got You Down? Best Practices for Using FMLA Medical Certification as a Tool to Deter FMLA Misuse”
When: Tuesday, November 15, 2016 (12:00 – 1:15 p.m. central time)
FMLA Medical certification can be the most effective tool to help employers confirm an employee’s medical condition and their need for time off from work. So, why does such a critical tool tend to create angst, confusion and frustration for employers when administering…
When Employers Don’t Recognize an Employee’s Notice of the Need for FMLA Leave, They Pay the Price
As employers, we face a sobering reality: at every turn, the FMLA sets us up to fail.
Whether it’s deciphering medical certification, assessing fitness for duty upon return to work, or dealing with the always frustrating intermittent leave, the FMLA is full of booby traps ready to nail us the instant we slip up.
Chief…
Can Hillary Clinton Take FMLA Leave for Pneumonia? And Can Her Campaign Give Her the Boot Because She’s a Key Employee?
Disclaimer! Disclaimer! This is not a political post. This is meant to be good, clean fun. But where current events meet the FMLA, I’m as giddy as a five-year old boy coming eye-to-eye with his first dump truck!
Unless you’ve been living under a rock the past week, or you plug your ears and go…
Sweet Justice! Dismissal of Bully’s FMLA Claim Proves Employers Can Safely Terminate an Employee on the Heels of FMLA Leave
I hate bullies.
Back in 4th grade, Sister Mary Demetria, OSF, told us that “hating” someone was a sin.
I’m convinced Sister never met a bully.
Forgive me, Father, for I have sinned. Cause, you see, whenever I read about a bully getting a good smack down, I get all warm and fuzzy inside.
Such…
Are Foreign Nationals on H-1B Work Visas Eligible for FMLA Leave?
Over the past few months, I’ve been asked by clients whether foreign nationals who are in the United States on work visas are eligible for FMLA leave.
As a General Matter, an H-1B Worker Must Be Paid (with some exceptions)
A U.S. employer hiring an H-1B worker is required to pay the worker while he/she…
Why Should Employers Take Pregnancy Discrimination and Accommodation Seriously? Here Are More Than 500,000 Reasons Why.

Doris worked for the Chipotle restaurant chain. And she was pregnant. After she announced her pregnancy to her supervisor, Doris claimed her boss began monitoring her bathroom breaks (then berated her for taking too long), required her to “announce” her bathroom breaks to others, prohibited her from taking shift breaks, denied access to water, and…
FMLA FAQ: Must an Employer Accept FMLA Medical Certification from an Online Health Care Provider? And What If It’s an LCPC?
Q: Our employee is trying to support his need for FMLA leave with medical certification from an online health care provider. Is this valid under the FMLA? And What if It’s a Licensed Clinical Professional Counselor?
A: Tackling the online doctor issue first, my knee-jerk reaction is NO WAY! After all, the FMLA regulations make…
Please Nominate FMLA Insights for the ABA Blawg 100!
Dear fellow FMLA nerds:
Can I get your vote? What if I promised that it would only take 30 seconds out of your day, or less than the time it would take to read one of my rambling blog posts?
Last year, for the 5th consecutive year, our little FMLA blog was named one of…
