In the middle of a global pandemic, employers still grapple every day with the age-old question: When an employee exhausts FMLA leave and cannot return to work, does the law require the employer to provide the employee additional leave? Question 1A surely is close behind: can the employee safely be terminated at that point? Without
ADA
FMLA FAQ: If an Employer Places an Employee on Leave When He Can’t Wear a Face Covering, Is the Absence Covered by the FMLA?
Employers across America are requiring their employees to wear face coverings or masks while at work.
At the same time, employers across America are dealing with employees who have a million excuses why they can’t wear a face covering at work. Many of these excuses aren’t valid.
Some are.
If an employee claims to have…
Want to Stay on the Cutting Edge of the FMLA and ADA? Here Are My Top Three Resources for Employers
I am often asked to share my favorite resource materials and conferences involving the FMLA and ADA. Of course, my recommended resources aside from this very FMLA blog [get your priorities straight, people!].
Three — and really only three — immediately come to mind.
Let’s get the conversation started:
If You Just Want …
How Does an Employer Respond to an Employee with a Terminal Illness and Who Doesn’t Have Long to Live?
Andy, the Director of Human Resources at one of my clients, called me last week. He was pretty distraught.
One of his employees, we’ll call him Tom, has been battling lung cancer, and he recently learned that the cancer has advanced to stage four. It’s clear that his days are numbered.
Tom has been a…
Creating Practical FMLA and ADA Training for Your Managers: Recap of our Webinar
Thanks to those who attended my webinar last week with Matt Morris on “Six Ways Your Managers Are Causing FMLA & ADA Leave Lawsuits, and How to Train Them to Stop.” A link to the recording can be accessed here (just requires providing some basic info about you) and the presentation PowerPoint can…
What if I Offered You a Free Webinar That Provided the Roadmap to Create Your Own FMLA & ADA Manager Training? Would you Attend?
When: Wednesday, December 12 (12:00 – 1:15 p.m. central time)
Online registration: Click Here
Over the past year alone, employers have been forced to defend FMLA and ADA lawsuits due simply to an inappropriate comment from a manager after an employee requests time off or an accommodation in the workplace.
A snide comment about…
Next Time Your Employee Requests FMLA Leave, Choose Sincerity with a Touch of Empathy
When it comes to administering FMLA, I’ll admit — I have grown cynical and hardened. Like a doctor who becomes desensitized to blood and guts, I, too, have become desensitized to an employee’s antics while on FMLA leave.
Taking FMLA leave for a beach vacation, you say? Sounds likely. Caring for your dying mother when,…
Complying with the FMLA and ADA When Your Employee is Dealing with a Mental Health Condition: A Recap of our Webinar
Join Me for a Complimentary Webinar: Complying with the FMLA and ADA When Your Employee is Dealing with a Mental Health Condition
When: Wednesday, December 13 (12:00 – 1:15 p.m. central time)
Online registration: Click Here
Employers are increasingly managing employees who suffer from mental health conditions such as depression, stress, and panic attacks. Studies show that these mental health conditions are leading to increased use of FMLA leave. Administering FMLA leave and ADA accommodations in…
At last! Not One, But TWO Court Decisions That Scale Back an Employee’s Right to Take Additional Leave After FMLA is Exhausted

There may not be an issue that strikes more fear in the land of HR than how to deal with an employee who cannot return to work after FMLA leave expires. Is some additional leave beyond 12 weeks required? The answer is almost always ‘yes.’…