This week, I had the privilege of presenting on the “Nuts and Bolts” of the FMLA with Department of Labor Branch Chief for FMLA, Diane Dawson. Our presentation was part of an FMLA/ADAAA compliance conference hosted by the Disability Management Employers’ Coalition (DMEC). [My unsolicited opinion: DMEC is a fabulous non-profit organization devoted to
The Importance of Providing Individual FMLA Notices to Employees
The Department of Labor was serious when it required employers beginning in 2009 to provide individual FMLA notices to employees regarding their eligibility and rights (Notice of Eligibility and Rights & Responsibilities) and whether FMLA applies (Designation Notice).
Apparently, courts think this is important, too. And The Wackenhut Corporation learned this lesson the hard
Are Additional FMLA Military Family Leave Amendments in the Works?
Is Congress poised to amend the Family and Medical Leave Act again? Late last month, legislation was introduced in the U.S. House of Representatives that would allow employees who work part-time or for small employers up to two weeks of leave in connection with a family member’s military deployment, thereby expanding the qualifying exigency provisions
FMLA FAQ: How Long Can an Employer Rely on a Second or Third Opinion under the FMLA?
Q: We have become more aggressive on suspected cases of FMLA abuse and, as a result, we have sent a greater number of employees for second and third opinions after they turn in medical certification. Once we have received the second or third opinion, how long can we rely on it? That is to say
Court Rules That Third Party Administrators Can Be Held Liable for FMLA-Related Violations
Employers often outsource to third party administrators the task of managing their FMLA processes. Under this model, the TPA handles FMLA requests, paperwork and approvals instead of the employer’s human resources or benefits department. TPAs often utilize nurse case managers to help make leave determinations, and they generally oversee the FMLA administration.
Where a TPA
How Can Congress Improve the FMLA? Let’s Count the Ways…
Over the past month, as we recognized the 20th Anniversary of the Family and Medical Leave Act, advocates for employees and employers have been clamoring for changes to the Act.
On one hand, employee advocates are calling for a broad expansion of the FMLA that would allow for paid leave or broader coverage (e.g.
Employers Must Begin Using Updated FMLA Forms and Poster Starting March 8, 2013
Earlier this month, the Department of Labor issued final new rules regarding the amendments to military family leave, flight crew eligibility and a handful of other relatively minor issues. At the time, I covered those changes at some length here.
Perhaps a bit lost in the changes to the regulations, however, is the obligation to begin using updated
ABA’s Summary of 2012 FMLA Cases a Valuable Resource for Employers, Attorneys
As always, 2012 was an active year for cases involving the Family and Medical leave Act. Remember the manager who gave his employee the book “No More Hysterectomies” when she asked for leave because she had to undergo a hysterectomy? We covered that one here. Or how about the employee who sought leave to
Employee’s Lack of Diligence in Obtaining Timely Medical Certification Destroys Her FMLA Claim
As a management side attorney, I love when FMLA cases provide real, practical takeaways for employers that help them better administer FMLA leave. Yesterday was one of those days, as a federal court took a plaintiff to task for: 1) failing to provide timely FMLA medical certification; and 2) failing to make a good faith
DOL Issues Final Rule Implementing FMLA Amendments Expanding Military Family Leave and Leave for Airline Flight Crew Members
This week, the Department of Labor released its final rule implementing the Family and Medical Leave Act amendments under the National Defense Authorization Act of 2010 (NDAA) and the Airline Flight Crew Technical Corrections Act (AFCTCA). The final regulation also revises a handful of existing regulatory provisions, and removes the model FMLA forms from the