Q: We regularly utilize temporary employees, some of whom we hire permanently. Does the time they work as a temp (through an agency) count toward the 12-month and 1,250 hour eligibility requirements?
A: An employee is eligible to take FMLA leave when, among other things, he/she has worked for the employer for 12 months (which,
Have you ever suspected that your employee has given you an excuse too rehearsed or provided a doctor’s note a bit too slick in support of their leave of absence? Don’t be fooled: they actually might be paying for the excuse.
Just when we thought we’d seen it all. According to a report from the
Employers, can we have a heart to heart? I need to get something off my chest. You see, I’ve witnessed a disturbing trend lately in the court cases I’m reading and in your FMLA practices: too many of you are not recognizing when an employee’s leave request may be covered by the FMLA.
Let me
Unless you’ve been securely wedged under a rock over the past 24 hours, you know that the U.S. Supreme Court has declared unconstitutional the Defense of Marriage Act (DOMA), which had established a federal definition of marriage as a legal union only between one man and one woman.
Yesterday, as Justice Anthony Kennedy read
Have you ever made a rash decision that you wish you could take back the second you made it? One employer must feel that way right about now. Last week, a federal court refused to dismiss FMLA claims made against the employer by an employee who was terminated for exceeding the number of “episodes” of
For ages, the employer community has awaited guidance from the EEOC regarding how much additional leave, if any, an employer is required to provide an employee as an ADA reasonable accommodation when an employee is unable to return to work after exhausting FMLA leave. (Depending on what the EEOC says in that eventual guidance, however
Have you ever doubted whether one of your employees actually was fit to return to work from a leave of absence?
Take this situation I counseled a client through a few months back: one of their employees texted a suicide note — to about 40 of his co-workers. Not surprisingly, it turned the workplace upside
I received a ton of feedback on last week’s blog post, which discussed Yahoo’s new parental leave policy and its FMLA implications. Much of the feedback related to Yahoo’s decision to provide 16 weeks of paid maternity leave to female employees and 8 weeks of paid paternity leave to male employees. Some wondered whether such
It seems that what Yahoo CEO Marissa Mayer taketh, she giveth back. Or something like that.
As you will recall, Mayer made waves several months back when she banned all Yahoo employees from working from home, a rather controversial move seen by some as unfriendly to working parents. Now, in an interesting twist, Yahoo
For employers who have been involved in an FMLA investigation conducted by the U.S. Department of Labor, the process can be a bit of a head-scratcher because no two investigations look the same.
The FMLA investigation often starts with a somewhat mysterious phone call from a DOL investigator identifying him or herself as such.