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Jeff Nowak is a shareholder at Littler Mendelson P.C., the world’s largest employment and labor law practice representing management.  Jeff represents employers in all areas of labor and employment law, but his passion is the FMLA -- he eats, drinks and sleeps all things FMLA!

Take Bob.  He is a machine operator.  Bob suffers from back and leg pain as well as bouts of anxiety.  As a result, he typically visits with his physician every couple of months and is on prescription medication.  He’s been approved for intermittent FMLA leave as a result of his serious health condition(s).

On September

dali-clock-150x150.jpgIn a recent post, I discussed an employer’s obligation to designate leave under the Family and Medical Leave Act even though the employee did not want it to be classified as FMLA leave. 

The post generated considerable feedback and some follow-up questions.  I wanted to highlight one of those questions.  One of our blog followers (see right

Q:  One of our employees will be absent for a serious health condition.  However, the employee prefers to use his accrued sick days instead of FMLA leave.  He has enough sick time to cover the absence.  In this situation, can the employee choose not to take FMLA leave, either because he has not specifically asked

100.jpgThere must be something in the water.  Over the past few months alone, I have reviewed a number of employers’ policies and correspondence regarding an employee’s return to work from a leave of absence.  What has been surprising to me is the number of employer policies that require an employee to return from leave with

On February 15, the Department of Labor published proposed regulations to the Family and Medical Leave Act in three specific areas: 1) Military Family Leave; 2) Flight Crew FMLA Eligibility; and 3) the manner in which employers calculate increments of FMLA leave.  We summarized those changes here.

Public comments originally were due by April 16, 2012.