Q: We have an exempt, managerial employee who in this past year took all 12 weeks of FMLA leave, and six additional weeks of unpaid leave. He also was intermittently absent for digestive problems to the tune of about four weeks. We’re now in a new FMLA year and he is requesting FMLA leave again.
Holy Smokes! Employee’s Minister Uncovers Her FMLA Abuse, Leads to Her Termination
Linette Williams-Grant had a week worthy of Judith Viorst’s classic children’s story Alexander and the Terrible, Horrible, No Good, Very Bad Day, which (as an aside) is one of my all time favorites to read to my young children, particularly after a bad day.
How bad was Linette’s week? It started with her employer’s
DOL Publishes Spanish Version of its FMLA Poster; Employers Should Consider their Obligation to Post
Over the past several months, a number of employers have asked me when the Department of Labor would be issuing the Spanish version of its new DOL poster (which accounts for the new regulations issued earlier this year). The time has come – the poster is here.
Under the FMLA, an FMLA-covered employer must post
DOL Issues ERISA Guidance on Same-Sex Marriage; Is FMLA Guidance Next?
We have been sitting on the edge of our seat [ok, perhaps I’m on the seat alone] as we await the Department of Labor’s anticipated regulations interpreting how the Supreme Court’s DOMA decision impacts the definition of “spouse” under the Family and Medical Leave Act.
As you may recall, I predicted earlier this
What Pink Floyd Can Teach Employers about FMLA: Enforce Call-In Procedures and Insist Upon Facts Supporting Need for Leave
Hello…hello…hello…is there anybody in there? Just nod if you can hear me. Is there anyone home?
Have your employees have become so evasive in their requests for medical leave that you feel like signing Pink Floyd’s “Comfortably Numb” to get them to talk? Have no fear — you don’t have to become
When an Employee Returns from FMLA Leave, What Does Same or Equivalent Position Actually Mean?
Do you know what’s particularly oppressive about the FMLA? [You: Jeff, everything about the FMLA is oppressive!]
The requirement that an employer return an employee to the same or equivalent position at the end of FMLA leave.
Returning an employee to the same position is easy enough to grasp. The same is the
DOL Updates Guidance on FMLA and Same-Sex Marriage
Of course, this kind of stuff happens while I’m on vacation and away from my computer. Last week, the Wall Street Journal created a bit of an uproar when it reported that the Department of Labor had just issued “regulatory guidance to affirm that same-sex married couples can take a leave from their jobs to care
Take 2: Does Annual FMLA Certification First Require an Employee’s Absence?
The feedback from last week’s blog post on annual FMLA certification came fast and furious. Most of it was complimentary (thank you!), but several of my fellow FMLA nerds raised an interesting issue. They noted that the FMLA regulation covering “annual” certifications does not specifically state that the certification in the new FMLA
DOL Busts Employer for Requiring Annual Medical Certification without Leave Request
The DOL is on a roll, and employers can’t be amused. Over the past few months, the Department of Labor seemingly has issued statement after statement after statement announcing settlements it has reached with various employers in conjunction with alleged FMLA violations. Heck, DOL now even has its own blog highlighting its recent FMLA enforcement
Let’s Pretend Prince William Worked in the United States. What are His Paternity Leave Rights under the FMLA?
Fess up and raise your hand. How many of you were on the edge of your edge of your seat awaiting news of William and Kate’s new arrival? I can picture you now, feverishly refreshing your Facebook and Twitter pages to catch a glimpse of the latest heir to the British throne.
As we