We are pleased to announce that our little FMLA blog has been selected for the second year in a row by the ABA Journal as one of the Top 100 Legal Blogs of 2012! In its 6th Annual ABA Journal Blawg 100, the ABA Journal also was kind enough to name us among only
What!?! Time Caring for Mom in Las Vegas is FMLA Leave
The FMLA just got a whole lot broader.
In what might be one of the key FMLA decisions of the year, a federal judge has upheld an employee’s right to take FMLA leave to care for her mother during a recreational trip to Las Vegas.
Yep . . . you read it correctly. Employee +
Facebook Pictures of Employee Socializing at Local Festival Drown Her FMLA Claims
Employers and fellow FMLA nerds, consider this an early holiday present: Courts are increasingly dismissing FMLA claims when they find that the employer has an honest belief that the employee has engaged in FMLA fraud.
This is a longer than usual post, but hang with me, as I share some best practices below.
Join Me for an FMLA Webinar: “FMLA Made Easy: Effectively Managing Difficult FMLA Issues”
I’ll admit it: I am longoverdue to host an FMLA webinar for employers. Wait no more! I have partnered with two fabulous attorneys — Matt Morris of FMLASource and Tamika Lynch of Siemens Industry — to hit head on a number of FMLA juggernauts that all of us face everyday.
Please join us on
Hurricane Sandy and the FMLA (Part II): How Do Employers Calculate FMLA Leave When the Workplace Closes Because of the Storm?
Thanks for the great feedback we received on our post earlier this week about Hurricane Sandy’s impact on employers when it comes to issues arising under the Family and Medical Leave Act. In your feedback, I received several requests to address the following question:
If an employer shuts down because of damage related to the
Hurricane Sandy and the FMLA: Are Your Employees Eligible for Leave During a Natural Disaster?
Our thoughts and prayers are with those on the east coast who are attempting to return to some sense of normalcy in the wake of the devastation left behind by Hurricane Sandy.
Natural disasters like Sandy raise a host of issues for employers: how do you pay your employees during during suspended operations? Whether
Dads Need Lovin’ Too! Father Can Proceed with FMLA Retaliation Claim in “Macho Culture” Lawsuit
Dads need lovin’ too. So says a federal court judge, who has allowed a father to proceed on his FMLA retaliation claim after the employee alleged that his employer’s “macho man” culture was a culprit in his ouster.
As I detailed in a previous blog post, Ariel Ayanna was an attorney at a Boston-based
“No Soup for You!” If An Employee Doesn’t Turn in Medical Certification, FMLA Leave is Not Protected
Last week, I responded to an FAQ that often arises for employers when administering the Family and Medical Leave Act: How do employers count unexcused absences when an employee does not return medical certification?
Here’s a real life application of this question: Kimberly Miedema was an employee of Spectrum Catering, and after having claimed
FMLA FAQ: How Do Employers Count Unexcused Absences When FMLA Medical Certification is Not Returned?
Q: We requested that an employee have his health care provider complete FMLA medical certification in conjunction with what appears to be an FMLA-related absence. The employee has been off work for 30 days and we still have not received certification. Can we count any of these days as unexcused absences?
A: Before you get
Employer Burned for Failing to Return Employee to Equivalent Position After FMLA Ended
The Family and Medical Leave Act and its regulations tell us that an employer must return an employee to the same or an equivalent position upon return from FMLA leave. Not surprisingly, I often am asked by clients, “What is an ‘equivalent’ position?”
On their face, the FMLA regulations seem to be a bit unforgiving