In the aftermath of the Supreme Court’s Dobbs decision, the FMLA questions are coming fast and furious: Can an employee take FMLA leave to obtain and recover from an abortion? What if the abortion is elective? And now that abortion will be illegal in at least some states, is travel to another state to
Court Decisions
ABA’s Summary of 2021 FMLA Cases an Outstanding Resource for Employers
If you’re not attending my two-day FMLA master class/party next week (there still is time!), you might find this additional resource helpful for your FMLA efforts.
Every February, the American Bar Association’s Federal Labor Standards Legislation Committee publishes a comprehensive report of FMLA decisions handed down by the federal courts in the previous year. Although…
Can an Employer Discipline an Employee for Excessive FMLA-Related Absences Before Requesting Recertification? The Simple Answer is NO.
Matt was a correction officer for the Camden County Board of Chosen Freeholders, which as an aside, sounds like something straight out of Harry Potter and the Sorcerer’s Stone.
Before I digress further, Matt served as one of the caretakers for his mom, who suffered from dementia and required daily care. Matt sought FMLA leave,…
When Your Employee Calls off Sick with “Flare-Ups,” Is This Sufficient Notice of the Need for FMLA Leave?
Ed was an autoworker who dealt with apparent bouts of depression for which he sought intermittent FMLA leave. But he also had fistfuls of unexcused absences, so much so that he stood on the precipice of termination — one attendance point away, to be exact.
Like many good employers, Ed’s employer required him to call…
When Your Employee Cries Uncontrollably at Work, Is the Cry a Request for FMLA Leave?
This one is no laughing matter. Actually, it’s downright sad.
A few years ago, I reported on an employee at an Illinois school who was able to raise an FMLA claim when her supervisor ignored her many pleas for help as she struggled with mental health issues.
Fast forward a few years: a jury…
This is the Day I Look Forward to Every Year: Arrival of the ABA’s Summary of 2018 FMLA Court Decisions
I can’t imagine anything more exciting than having joined Littler earlier this year. [Click here to read about that virtual love fest.]
But I have found a close second: the arrival of the American Bar Association’s summary of every FMLA case decided in 2018!
Yep, you read that correctly. Every little scrumptious FMLA…
There is No Finer Valentine’s Day Gift: the ABA’s Summary of 2017 FMLA Court Decisions!
My fellow gentlemen:
On this Valentine’s Day, I just saved your behind.
Leave the dozen roses and box of chocolates at the office. And no need to make a reservation at your favorite restaurant for two.
This year, give your significant other the gift that keeps on giving: the American Bar Association’s annual report of…
When You Don’t Train Your Managers on the FMLA, You’re Begging for This Kind of Smackdown
When a manager learns that one of his employees is in the hospital for several days, that’s almost always enough information for the employer to have an inkling that the employee may need FMLA leave.
But one employer didn’t think so. And the penalty for its mistake was costly. Let me explain.
The Facts
Grace…
Poorly Implemented FMLA Policies and Procedures are Killing Employers. Don’t Be That Employer.
Poorly implemented FMLA policies and procedures are in the spotlight this week. And just a few vague words and a slip up are costing two employers hundreds of thousands of dollars.
Their mistakes, however, are golden lessons for the rest of us.
Confusion Over How Much Maternity Leave is Provided
In Sad Employer Story No.…
There’s No Crying at Work! But if an Employee Does Cry, Is That Sufficient Notice of the Need for FMLA Leave?
Reports of my capture by a Sri Lankan sloth bear in the dry forests of Sri Lanka are greatly exaggerated.
I am alive and well.
Sorry for the long delay since my last post. You see, spring is my busy season — when I am not practicing law, I spend seemingly every waking minute coaching…