This one just smells fowl. Delbert (not sure if he goes by Del or Bert, so I’ll just call him Delbert) decided not to show up for work at Tyson Fresh Meats on December 28. Instead, he asked his girlfriend, who also worked for Tyson, to report his absence for him. She obliged and
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!
DOL Publishes New FMLA Forms — Good Through May 2018
Those sneaky little rascals! While the rest of us were enjoying our Memorial Day holiday, those crazy kids over at the Department of Labor were still working away. This time, they were busy posting the new model FMLA notices and medical certification forms. Expiration: May 31, 2018!
No more month-to-month extensions or lost sleep…
EEOC Commissioner Offers Helpful Guidance to Employers on Providing Accommodations to Pregnant Employees
Last week, I had the pleasure of presenting with EEOC Commissioner Victoria Lipnic on the EEOC’s pregnancy discrimination guidance and how employers should address pregnancy accommodations in the workplace. Our presentation was part of an outstanding FMLA/ADA compliance conference hosted by the Disability Management Employer Coalition. You can access Bloomberg BNA’s coverage of our…
DOL Will Not Enforce Final FMLA Regulation Regarding Same-Sex Spouses in Four States
Last week, I reported that a federal district court in Texas had halted the DOL’s enforcement of its final rule that would allow employees to take FMLA leave for their same-sex spouse.
Following that court order, the DOL now has represented that it will not enforce the rule in the four states covered by the…
Does FMLA Cover In Vitro Fertilization? Does It Matter if Dad’s Sperm is to Blame?
Is that all it takes to get you to click on my blog entry — make a reference to “sperm” in the blog title and post a silly photo of this little guy? That was like taking candy from a baby!
Now that we have that behind us, I was posed an interesting question a…
Texas Court Puts a Halt on DOL Enforcement of the New FMLA Rule Extending Leave Rights to Same-Sex Couples
A federal judge in Texas granted an injunction on Thursday that (for the time being) has stopped enforcement of the DOL’s final rule regarding the definition of spouse. Under the new rule, which was scheduled to take effect today, the FMLA would cover same-sex spouses if the marriage occurred in a state that…
Supreme Court Gives Pregnant Employees a Path Toward Securing Workplace Accommodations
All across America this morning, pregnant employees are screaming out in muted shouts of joy and giving each other belly bumps.
Last year, I reported on the EEOC’s recent pregnancy discrimination guidance, which interpreted the Pregnancy Discrimination Act as requiring workplace accommodations for pregnant employees even if impairments suffered during pregnancy do not rise…
Employer’s Lack of FMLA Compliance in Handling FMLA Leave Request is a Lesson for the Rest of Us
Want a glimpse into a world where an employer fails to maintain a legally compliant leave management process? Let me warn you — what you are about to read is not pretty and not for the faint of heart.
The Facts
Rachna was a resident physician at St. Vincent Health Center. She also had a…
Check Out ABA’s Summary of 2014 FMLA Court Decisions — An Excellent Resource for Employers
Want to read about nearly FMLA case that was either dismissed or allowed to advance toward trial? Want a snapshot of what employers got right and what they got wrong in the land of FMLA? Look no further:
Every February, the American Bar Association’s Federal Labor Standards Legislation Committee publishes a comprehensive report of significant…
It’s March 2015. The DOL’s Model FMLA Forms Expired Just Days Ago. Now What?
On February 28, 2015, the DOL’s recommended FMLA forms expired. And on March 1, the sun still rose in the east. Life, as we know it, forged on.
It’s anyone’s guess as to when new FMLA forms will be issued, so in the meantime, I’ll hold off on belting out, in true Steve Martin fashion …