It’s the end of the year. And with the end of the year comes questions from my clients about whether they need to account for an employee’s FMLA leave when doling out year-end bonuses. In other words, is an employer obligated to pay a bonus based on a “goal” when the employee missed the goal
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 Leave for Headache Effectively Converts Full-Time Position into Part-Time Position; Employers’ Shrieks Heard Across the Country
This one is a real headache.
Sam oversees a storage area for the Connecticut Department of Transportation (ConnDOT) and during certain times of the year, his position requires a fairly extensive amount of overtime. For years, Sam has suffered from “cluster headaches,” which are far worse than migraines and can last for days. Sam’s physician…
When an Employee Falls Off a Ladder at Work, is His Absence Covered by FMLA? An Employer’s Misstep Discussed…
Note to self: When one of my employees:
- falls off a ladder at work,
- is taken to urgent care by the company’s HR Director,
- asks whether the FMLA would apply to his absence,
- then, as a result of his doctor’s orders, takes a multi-week absence after the fall from the ladder…
I’m going to…
FMLA Insights Selected as One of Top 100 Legal Blogs of 2014
Forget Cyber Monday…today is my Procrastination Monday! I explain why below.
I am pleased to announce that our FMLA Insights blog has been selected for the fourth consecutive year as one of the Top 100 Legal Blogs of 2014 by the ABA Journal! In its 8th Annual ABA Journal Blawg 100, the…
Happy Thanksgiving from my Lovable FMLA Abuser, Albuquerque Turkey
There is much to be thankful for this Thanksgiving, and I continue to be humbled by your support of this crazy, little FMLA blog. I am entirely grateful for your willingness to read and ponder my continued FMLA ramblings.
I offer this in honor of the season: For those who attended my FMLA webinar…
Managing FMLA Red Flags and Staying Ahead of the Trends: A Recap of our Webinar
Thanks to those who attended my webinar last week with Ellen McCann on “Managing Red Flags and Staying Ahead of the Trends.”
In a mere hour, Ellen and I covered a number of hot FMLA topics and trends, such as:
- Conducting an effective investigation after you obtain photos or information through social media suggesting that
…
“I Got Stuck in the Blood Pressure Machine at the Grocery Store and Couldn’t Get Out!”: How Employers Deal with the Most Outrageous Excuses for FMLA Leave
Don’t you hate it when someone glues your windows and doors shut so you cannot make it to work? Hasn’t happened to you? According to a recent CareerBuilder survey, this may very well have happened to one of your co-workers the last time he was absent from work.
Last month, CareerBuilder published the 2014 edition…
When an Employee Requests FMLA Leave for a Workplace Injury, Is the Employer Required to Report it as an OSHA Event?
An issue that implicates both the FMLA and OSHA? Normally, I’d yawn and take a cat nap along with you.
But this one is sufficiently interesting: If an employee returns FMLA medical certification confirming the need for FMLA leave because of a personal injury or illness, is the employer required to record the event on…
Court Determines that Employer’s FMLA Notice Sent by Email is Not Reliable (Sending Employer World into Tizzy)
We have a mini-FMLA crisis on our hands this week, and the courts are to blame. This issue involves the FMLA notices that employers send to employees, but more importantly, the delivery route in which they send them.
You may recall that, a couple months back, I analyzed a decision by a federal appellate court…
What Employers Can Learn from Physicians When It Comes to Administering the FMLA
Earlier this month, I took one for the team. And I survived.
I had the privilege of presenting to a number of employers and health care providers at the annual “Impairment Without Disability” conference, an event sponsored by Mayo Clinic which brings physicians and employers together to share their common knowledge, experiences and…