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
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
Later this week, I am conducting FMLA training for management employees at one of our clients. The training will focus on how the employer can utilize its own current personnel policies to properly administer FMLA leave and combat FMLA abuse. During this training, I am going to tell them about Ritenour v. State of Tennessee
Often enough, HR professionals tell me that they have a difficult time recognizing when an employee has provided adequate notice of the need for leave under the Family and Medical Leave Act. A recent court case reminds us that: 1) the threshold for requesting leave is not that high; and 2) employers have an obligation to
Q: Is an Employer Liable for Overtime Pay and similar damages for an FMLA Violation?
A: The FMLA provides for a broad range of damages in the event an employer is liable for an FMLA violation. The statute states that an employee may be awarded “any wages, salary, employment benefits, or other compensation denied or
In light of the EEOC’s litigation over automatic termination provisions under the ADA (we’ve beaten you over the head with it here and here), employers generally feel as though they have no clue as to their legal obligations when it comes to providing a leave of absence as a reasonable accommodation under the ADA
Dear fellow FMLA nerds:
Last year, our blog was named to the ABA Journal’s 100 best legal blogs of 2011. Voting is now open for the best legal blogs of 2012, and we would love to have your support! The deadline is fast approaching — it’s this Friday, September 7, 2012.
If
When an employee takes FMLA leave, is an employer obligated to adjust its performance standards so as to avoid penalizing the employee? According to a recent federal court decision, the answer is Yes. And failing to do so sets the employer up for an FMLA interference claim.
The Facts
Take this situation: Jeff was
had enough of its employees abusing FMLA leave, so it played the ultimate trump card — the Company hired a private investigator to conduct surveillance on 35 employees who were suspected FMLA abusers. One of the 35 was Daryl Scruggs, who served as a brazier (one who torches parts into fan coils) for the Company.
The scenario is all too common: An employee takes and exhausts 12 weeks of FMLA leave and still cannot return to work. At this point, the employer is left with a dilemma — does it terminate employment because the employee cannot immediately return to work, or does it consider approving more leave than the 12