Q: One of our employees was at full-time status (40 hrs/wk.) six months ago when he was granted intermittent FMLA leave for a GI issue that flared up from time to time. He took 120 hours of FMLA leave (or three weeks) through last month when he transferred to a part-time position (20 hrs/wk.). He
Butt Implants, Male Breast Reductions Among Top Plastic Surgery Trends. But Are These Procedures Protected by FMLA?
Apparently, Kim Kardashian isn’t the only one whose derrière seems to have transformed over the years.
According to data provided by the American Society of Plastic Surgeons (ASPS) and published in a number of news outlets, butt implants and male breast reduction are now among the fastest-growing types of plastic surgery in the United
Note to Self: Posting My Beach Vacation Photos on Facebook During FMLA Leave is Not a Good Idea
I always love a good social media FMLA smack down. It’s even better when the employer handles the situation in textbook fashion. Today’s installment offers both, while also providing a road map for employers when investigating suspected FMLA abuse.
Let me share the story of Rodney.
Rodney was the activity director for Accentia Health, a
ABA’s Summary of 2015 FMLA Cases an Outstanding Resource for Employers, Attorneys
This is one of the most exciting days of the FMLA year for me. Literally, one of those Steve Martin “The phone books are here!” days.
Why?
Every mid-February or so, the American Bar Association’s Federal Labor Standards Legislation Committee publishes a comprehensive report of FMLA decisions handed down by the federal courts
Can Employees Be Disciplined When They Exceed the Frequency or Duration on Their FMLA Medical Certification?
One of the biggest headaches for employers when administering FMLA leave is how to deal with the employee who exceeds the frequency or duration identified on the employee’s medical certification. Nearly all of these situations involve intermittent leave, which is the type of leave most frequently abused by employees.
Take, for example, Joe, who suffers
Use The “Rolling” Method to Calculate FMLA Leave! This Employer Learned the Hard Way
Every once in awhile, I find myself counseling an employer with either no FMLA policy or one completely lacking any meaningful details. Often, these policies fail to include key provisions to protect against liability.
Take, for instance, the FMLA 12-month period.
As employers are aware, an otherwise eligible employee is entitled to 12 weeks of
A Big Yawner? DOL Issues FMLA Fact Sheet Regarding Joint Employers
Joint employer issues are all the rage right now. Recently, the National Labor Relations Board (NLRB) put the screws to McDonald’s in finding that the Company is liable “jointly” along with their franchisees for alleged labor violations. So, it’s not shocking to learn that the U.S. Department of Labor recently jumped on the bandwagon, putting
FMLA FAQ: How Do Snow Days Affect FMLA Leave?
Q. Like many east coast employers preparing for the impending blizzard, we want to know how we calculate FMLA leave if our office is closed due to the weather. I have an employee out on FMLA. Do I count the snow day against this employee’s 12-week leave entitlement?
A. Although the FMLA rules do not
An Employee’s “Hope” That She’ll Return to Work Isn’t Enough to Require Additional Leave under the ADA
One of the most difficult issues an HR professional or in-house employment counsel faces is how to deal with an employee who cannot return to work after FMLA leave expires. Is additional leave beyond 12 weeks required? The answer is almost always ‘yes.’ But how much leave are we obligated to provide? And what if
FMLA FAQ: Should an Employer Invite to the Holiday Party an Employee out on FMLA Leave?
‘Tis the season for employer-sponsored holiday parties. And I’ve been queried several times about whether an employer should invite to the annual holiday party all of those employees who presently are on FMLA leave.
Several of you are already shouting at me through your computer screen or mobile phone: “Nowak, why the %*#@&* would we