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
Employee Tells a Co-Worker That He Plans to Misuse FMLA Leave. Court Says It’s OK to Demote ‘Em!
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
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