Q. One of our employees has asked for leave to care for a family member in another state. Does the travel time to and from the family member count as part of the FMLA leave?
A. This clearly is a grey area in the law at present. Very few courts have given us guidance as
An employee enrolled in an addiction treatment program need not be under a doctor’s care or actually staying at a rehab institution to qualify for FMLA leave, according to a federal court in Texas. Picarazzi v. John Crane, Inc.
The Facts
Plaintiff Perry Picarazzi, a customer service representative for John Crane, Inc.(JCI), had a
This morning, the sound of the morning alarm was harsh reality for scores of employees throughout Wisconsin. After celebrating a Packers Super Bowl victory late into the night (a bitter pill for this Bears fan to swallow!), they have no interest in dragging themselves out of bed and heading into work. For employers, you need not be located in Wisconsin to suffer the effects of the Super Bowl. Case in point — I was talking with an HR professional (located outside of WI.) last week who was not looking forward to the day after Super Bowl Sunday, when she spends much of her day processing leave of absence requests — nearly all of which come from employees who called off right before the Monday morning shift started.
Some of the employees have fairly legitimate reasons for their absences (“My son, Johnnie, ate Aunt Erma’s chili last night and he can’t keep anything down this morning); others phone in ambiguous reasons such as, “I am taking FMLA again today,” or “Remember that thing I was dealing with three weeks ago … well, it’s acting up again.”
For HR professionals, the employer response to these phone calls is one of the most difficult they face: Do I count this as an ordinary sick day? Do I ask for more information? Can I ask for more information? What precise “thing” is “acting up” again? Does this information trigger FMLA leave?
What can an employer do to obtain more information from the employee in these situations?Continue Reading Suffering from Super Bowl-Induced FMLA Leave?
(the county in which Chicago is located) currently faces one of the largest budget deficits in its government’s history. So, when the Cook County Board president (Toni Preckwinkle) tells the County Sheriff (Tom Dart) to cut $70 million from his budget, it tends to grab people’s attention. In this story, however, this proposed budget cut took a back seat to a notable statistic that grabbed the headlines: one out of every five employees in the sheriff’s office takes FMLA leave on any given workday. At the Cook County Jail, it’s one in four, as reported by the Chicago Tribune.
Before you are left aghast at these figures, allow me to point out a sad fact: the Cook County Sheriff is not alone. In my experience, I find all too many employers that suffer through FMLA absenteeism percentages well above the single digits. In fact, a new client shared with me that as much as 30% of its workforce is absent on any given workday, the far majority of which is FMLA-related.
When I hear of FMLA absenteeism figures as high as these, one thing is abundantly clear: FMLA abuse is rampant in that workplace. Fortunately for employers in this situation, there are several tools available to turn the tide and take back your workplace.Continue Reading As FMLA Absences Mount, the Employer Must Lay Down the Law
FMLA developments in 2010 came fast and furious: the DOL’s interpretation clarifying the definition of in loco parentis, GINA’s impact on the FMLA, an impending DOL survey on how families use medical leave, and a number of new court cases giving guidance (and in some cases, muddying the waters) on important issues such as
In the upcoming weeks, the halls of Congress will welcome a number of new faces and bid farewell to many other personalities. One of those personalities riding into the sunset is the longtime Senator Christopher Dodd of Connecticut. Putting aside for now whether you love him or hate him, Senator Dodd leaves at least one significant legacy behind — passage of the Family and Medical Leave Act. As the author of the FMLA, which was passed in 1993, and sponsor of several bills pending in Congress that would expand the FMLA, Senator Dodd clearly has been a strong voice for employees in the workplace.Continue Reading Senator Dodd’s Legacy: The Family and Medical Leave Act
Employers increasingly are finding federal courts to be receptive forums for the consideration of an employee’s retaliation claim. In Burlington Northern v. White, for instance, the Supreme Court held that an employer can retaliate within the meaning of Title VII with actions short of terminations and other ultimate employment actions. Last year, in Crawford v.
Join over 500 people who already have signed up for our complimentary FMLA Webinar, which will take place next Wednesday, September 29 from 12:00 to 1:15 p.m. CDT. The Webinar will address a common issue that has plagued too many HR professionals — employee abuse of FMLA leave. We will identify the most
Employers frustrated with their employees’ lack of communication during FMLA leave have found a friend in the Seventh Circuit Court of Appeals. In what must be described as a solid win for employers, the appellate court (which covers IL, IN and WI) affirmed the dismissal of a former employee’s Family and Medical Leave Act claim against the company that fired her after she failed to provide proper notice under the company’s policies for an extension of leave. Brown v. Automotive Components Holdings, LLC, and Ford Motor Co.Continue Reading Failure to Follow Employer’s Leave Procedures Dooms FMLA Claim
When an employee remains absent even after her doctor provides a medical certification confirming that she can return to work, it might seem reasonable for an employer to deny the employee any further FMLA leave and, if the employee fails to return, to terminate her employment. However, if the employer has not specifically informed the