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. … Continue Reading
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. … Continue Reading
Carrier Corp. 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. Scruggs Has … Continue Reading
Monday, February 6, 2012 is a bittersweet day for employers across New York and elsewhere. Just hours earlier, their employees watched the New York Giants beat the New England Patriots in Super Bowl XLVI. For these employers, however, many of their employees won’t be at work Monday morning. The reason? In a 2008 survey conducted by The … Continue Reading
Employers often complain that they see an uptick in the use of sick leave and FMLA leave around the holidays. In the case of Southwest Airlines, however, one employee clearly took FMLA misuse a bit too far. Douglas Rydalch was a reservation sales agent for Southwest. When Southwest closed its reservation center in Salt Lake … Continue Reading
Earlier this week, the folks at the Texas Employment Law Update highlighted a case before the U.S. Supreme Court in which the high court will consider whether law enforcement’s placement of a GPS devise on a suspect’s vehicle without a warrant constitutes an unlawful search in violation of the Fourth Amendment. This case led the authors to wonder … Continue Reading
Employees should think twice before setting off on a Cancun vacation while out on FMLA leave. In an FMLA decision that smacks of pure common sense, a federal court has upheld an employer’s reasonable work rules that restricted an employee’s travel outside the immediate vicinity while on FMLA leave. Pellegrino v. CWA (pdf). The Facts Denise Pellegrino, a … Continue Reading
In this opening weekend of major league baseball, hope springs eternal for every baseball fan. In honor of my beloved Chicago White Sox, I offer an FMLA lineup card below that from top to bottom will help employers stay atop the pennant race throughout the year. [First, feel free to play the National Anthem if you so desire…] From … Continue Reading
Over the upcoming weeks, when Carl the Custodian is missing from your workplace, you may want to give your local Hooters Restaurant a call. He just might be there watching the NCAA tournament. Hooters has unveiled a marvelous marketing ploy to get customers through their doors during the NCAA tournament — the Company is offering doctor’s … Continue Reading
That is the question a federal district court in Arkansas recently held would have to be resolved by a jury, and one that should concern any employer seeking to control the abuse of FMLA leave. Terwilliger v Howard Mem Hosp.pdf The Facts Regina Terwilliger worked for Howard Memorial Hospital for approximately two years, first in the … Continue Reading
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 … Continue Reading
Cook County, Illinois (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 … Continue Reading
Several weeks ago, I conducted a Webinar on “Identifying, Managing and Preventing FMLA Abuse.” Thanks to those of you who attended — over 600 people from 44 states registered for the event. We had a great discussion about common FMLA issues that continue to plague employers as they administer FMLA leave. The Webinar centered around real-life … Continue Reading
In this webinar, Franczek Radelet partner and SHRP member Jeff Nowak and SHRP member Teri Hock identify the issues and address the questions surrounding the Family and Medical Leave Act (FMLA), including: Identifying and understanding the most common forms of FMLA abuse Utilizing the changes in the FMLA regulations to help fight FMLA abuse Documenting … Continue Reading
Occasionally I spot a piece of FMLA “advice” on the Internet that just makes me chuckle – and that makes me confident that the FMLA will remain a terrific source of business for employment lawyers for a long time to come. Much of it isn’t outright wrong, but ends up being so superficial that it … Continue Reading
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 common forms of … Continue Reading
Have you ever searched Twitter for the term “FMLA”? I have. Some of what you find is insightful and informative information for employers, but you will also run across some interesting commentary from employees. Here are a few of my favorite employee FMLA tweets from the past few months: … Continue Reading
A couple weeks ago, as I was preparing a witness for his deposition (in a Title VII and FMLA case), it dawned on both of us that his deposition would take place mere hours after the deciding Game 6 of the Stanley Cup Playoffs. Upon this realization, his face grew a bit pale, and he … Continue Reading
