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
The FMLA Turns 20 Today; The DOL Celebrates with Curious Survey Results About the Use of FMLA
Happy 20th Birthday, FMLA! On February 5, 1993, President Bill Clinton signed the Family and Medical Leave Act, making it the very first piece of legislation he signed into law as President.
Congrats on making it into your third decade, FMLA. Over the last two, however, you’ve given employers one hell of a ride!
Why Must Employers Train Their Managers About the FMLA? Here are 1.2 Million Reasons Why
I came across an interesting FMLA case this past week, and the facts are simple enough that it kept my attention. [In the age of Twitter and Facebook, anything beyond a 30-second sound byte and you might as well give me a blanket for a long-winter’s nap. Right?] However, the lesson from the case should
DOL Issues Guidance on “Caring for an Adult Child” Under the FMLA
Yesterday, the U.S. Department of Labor issued an Administrator’s Interpretation (AI) to clarify the factors an employer must consider when an employee requests leave to care for an adult child.
As we know, an otherwise eligible employee is entitled to FMLA leave to care for a child with a serious health condition. Under the
Can Brent Musburger Take a Leave of Absence from ESPN for Work-Induced Stress?
Feel free to call me out for shamelessly piling on veteran broadcaster Brent Musburger. But by now, you know that issues arising under the Family and Medical Leave Act are part of the American fabric as much as baseball and apple pie, right? Well, at least on this blog it is.
For those of
An Employee Requests and is Denied Vacation Leave but Later Takes FMLA Leave for the Same Time Period. What Recourse Does an Employer Have?
This scenario is all too familiar for employers: shortly before Christmas, your employee requests vacation leave for Christmas Eve and New Years Eve. Due to seniority or the employee’s last-minute request for time off, her leave request is denied. However, like clockwork, she calls off sick and requests FMLA leave on Christmas Eve and NYE,
A Couple Quick Tips to Fight FMLA Abuse Around the Holidays
Have your employees’ absences from work been a bit more frequent lately? And are you tired of the lame excuses they’re providing? After all, there are only so many times your employee’s dog can knock over the Christmas tree….on top of your employee, right?
In this “best of” FMLA post, employers need not settle for
Bad Timing: Can an Employer Terminate an Employee Shortly After Requesting FMLA Leave?
As a labor and employment attorney, I spend a significant amount of time counseling employers as they prepare to terminate an employee. Often enough, the situation goes something like this:
My operations people want to terminate Fred. He has flown off the handle one too many times, and now, we think we caught him misreporting
Best Practices for Employers When Administering FMLA Leave: A Recap of our Webinar
Thanks to those who attended my webinar last week with Matt Morris and Tamika Lynch on “FMLA Made Easy: Effectively Managing Difficult FMLA Issues.” As the survey feedback indicated, this webinar was a great opportunity to discuss common issues that arise in the administration of FMLA leave and how employers can best address them.
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