Keith was a manager for Costco. By all accounts, he wasn’t a very good employee. The store disciplined Keith over customer complaints, dress code violations, and failing to perform his job duties. Consequently, he was placed on a performance improvement plan. Shortly after receiving the PIP, Keith told a subordinate that he planned to
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!
FMLA Insights Selected as One of Top Legal Blogs for Fifth Straight Year!
My dear blog readers:
I am delighted to announce that our FMLA Insights blog has been selected for the fifth consecutive year as one of the Top 100 Legal Blogs of 2015 by the ABA Journal! In its 9th Annual ABA Journal Blawg 100, we were only one of six employment blogs to…
Best Practices for Employers from my Webinar on FMLA and ADA Overlap Issues (and a Link to our Recording!)
Thanks to those who attended my webinar last week on FMLA and ADA Overlap Issues. If you missed the program, you can download our presentation here (pdf).
In a mere hour plus, Sara Elder, (Division Vice President, Fair Employment & Compliance, for Sears Holdings Management Corporation) Matt Morris (Vice President at ComPsych) …
DOL Continues to Warn Employers of Investigation of Systemic FMLA Issues
E
arlier this month, I had the pleasure of presenting on complex FMLA issues at the American Bar Association’s Annual Labor and Employment conference. During the session, entitled “The FMLA 20 Years Later,” we covered key FMLA notice and medical certification issues and other difficult FMLA scenarios.
Notably, one of my co-panelists,…
FMLA FAQ: Can an Employer Require That an Employee Sign a Form Confirming He Took FMLA Leave for the Reason Provided (To Combat FMLA Abuse)?
Q. In trying to reduce the amount of FMLA abuse in our Company (about 30% usage), we are contemplating having employees returning from FMLA leave complete a form that asks why they were out, had they been out for this reason before (and when), and that they took leave for the reason they provided. Can…
After He Allegedly Showed Up Drunk to Practice, Should Former USC Football Coach Steve Sarkisian Have Been Placed on FMLA Leave instead of Being Terminated?
A question was posed to me on Twitter this past week: Shouldn’t former University of Southern California (USC) football coach Steve Sarkisian have been placed on FMLA leave to get treatment for apparent alcoholism instead of getting sacked by USC? [Pun intended, of course.]
For those of you not familiar with Mr.…
Join Me for a Complimentary Webinar: “Where ADA and FMLA Overlap: Leaves, Accommodations and Headaches, Oh My!”
It’s Webinar Time!
When managing an employee with a medical condition, the issues involved regularly implicate the FMLA or ADA — or both. Using interactive case studies, we will address critical FMLA and ADA compliance considerations when dealing with the most difficult employee leave and accommodation scenarios.
Please join us on Thursday, November 12 (12:00…
The FMLA Marriage Penalty: When Spouses Work for the Same Employer
One FMLA rule that tends to fly under the radar is the amount of FMLA leave available to married couples who work for the same employer.
Under 29 CFR 201(b), married couples in this situation can be required to share a combined 12 weeks of FMLA leave in two circumstances:
- To bond with their
…
When a Manager Makes Even One Stupid Comment after an FMLA Request, the Employer Pays the Price
How would you like to work alongside Jim, who engages in the following behavior:
- He makes a habit of telling co-workers what they are doing wrong, using a degrading tone of voice, and instigates arguments when doing so. Jim regularly uses a belligerent tone of voice with co-workers.
- When his supervisor tells him to act
…
Can an Employee Decline FMLA Leave Simply by Checking a Box on a Form?
Do you require your employees to fill out a form or an application to request leave under the Family and Medical Leave Act? If not, are you thinking of changing to such an approach? Either way, pay attention to this story about Carrie, whose particular leave situation is instructive for employers.
The Facts
Carrie was…