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 … Continue Reading
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 worked for the … Continue Reading
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. … Continue Reading
There may not be a more toxic combination in the land of Human Resources: a poorly performing employee and an untrained boss who just can’t keep his mouth shut. The latest edition involves Debby and her boss, Jason. I can’t tell precisely what Debby did for her employer, Wells Fargo, but it’s safe to say … Continue Reading
An employee’s 12 weeks of FMLA leave has exhausted, and over the past several weeks, he’s provided you a series of vague doctor’s notes typically containing nothing more than a one-liner extending his medical leave of absence until his next appointment. Sound familiar? Makes you want to scream, right? What if I told you that, instead … Continue Reading
I hate bullies. Back in 4th grade, Sister Mary Demetria, OSF, told us that “hating” someone was a sin. I’m convinced Sister never met a bully. Forgive me, Father, for I have sinned. Cause, you see, whenever I read about a bully getting a good smack down, I get all warm and fuzzy inside. Such … Continue Reading
I always love a good social media FMLA smack down. It’s even better when the employer handles the situation in textbook fashion. Today’s installment offers both, while also providing a road map for employers when investigating suspected FMLA abuse. Let me share the story of Rodney. Rodney was the activity director for Accentia Health, a … Continue Reading
This is one of the most exciting days of the FMLA year for me. Literally, one of those Steve Martin “The phone books are here!” days. Why? Every mid-February or so, 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 … Continue Reading
Every once in awhile, I find myself counseling an employer with either no FMLA policy or one completely lacking any meaningful details. Often, these policies fail to include key provisions to protect against liability. Take, for instance, the FMLA 12-month period. As employers are aware, an otherwise eligible employee is entitled to 12 weeks of FMLA … Continue Reading
One of the most difficult issues an HR professional or in-house employment counsel faces is how to deal with an employee who cannot return to work after FMLA leave expires. Is additional leave beyond 12 weeks required? The answer is almost always ‘yes.’ But how much leave are we obligated to provide? And what if the employee … Continue Reading
How would you like to work alongside Jim, who engages in the following behavior: He makes a habit of telling co-workers what they are doing wrong, using a degrading tone of voice, and instigates arguments when doing so. Jim regularly uses a belligerent tone of voice with co-workers. When his supervisor tells him to act more … Continue Reading
Do you know what happens when you maintain a policy or practice that requires an employee to return to work without restrictions or “100% healed”? You pay. A lot. Just ask Brookdale Senior Living Communities. Brookdale employed Bernadine, who suffered from fibromyalgia. According to the EEOC, Brookdale refused Bernadine’s accommodation requests for a temporary modified work schedule, an ergonomic … Continue Reading
This post has nothing to do with Netflix and its new, generous parental leave policy. Or GOP presidential candidate Carly Fiorina’s latest position on paid leave. Sorry to disappoint. But it does involve an exotic boat cruise. And of course, the FMLA. Tantalizing? Jump aboard the Love Boat to find out… The Facts Lucy worked for the State … Continue Reading
On Friday, June 26, the United States Supreme Court ruled that same-sex marriage is a fundamental right under the Fourteenth Amendment to the Constitution. So, I’ll give you one guess as to the topic of my blog post today. How is the FMLA Impacted by the Supreme Court’s Ruling on Same-Sex Marriage? Earlier this year, the … Continue Reading
Q: One of my employees complained of chest pains at work and later went to the emergency room at the local hospital. However, we have learned through his medical certification that he was not admitted to the hospital until after midnight. He spent most of the day in the hospital and was discharged later that same day. … Continue Reading
Last week, I reported that a federal district court in Texas had halted the DOL’s enforcement of its final rule that would allow employees to take FMLA leave for their same-sex spouse. Following that court order, the DOL now has represented that it will not enforce the rule in the four states covered by the decision — Texas, … Continue Reading
A federal judge in Texas granted an injunction on Thursday that (for the time being) has stopped enforcement of the DOL’s final rule regarding the definition of spouse. Under the new rule, which was scheduled to take effect today, the FMLA would cover same-sex spouses if the marriage occurred in a state that recognizes same-sex marriage and … Continue Reading
In the cold, sadistic world that is the FMLA, the Department of Labor tells us that ordinary, run-of-the-mill headaches (a/k/a “non-migraine” headaches) are not covered by the FMLA. Migraine headaches, on the other hand, are covered. When I try to explain the difference in FMLA training sessions for employers, they often look at me like … Continue Reading
Although I eagerly anticipate the arrival of a baby due to be born in the Nowak family within the next couple of weeks [number 4…somebody help me!], I assure you that my status as “expectant dad” is not clouding my objectivity regarding the rights of moms and dads in the workplace. But the fact of … Continue Reading
Grandparents across America are celebrating this week. And they have Suzan Gienapp to thank. Here’s why: The Facts Suzan, who worked for Harbor Crest (a nursing home), informed her manager in January 2011 that she needed time off to care for her daughter, who was undergoing treatment for thyroid cancer. Harbor Crest granted her FMLA leave. … Continue Reading
Ena Wages served as a property manager for one of several apartment complexes owned by Stuart Management Corp. She began her employment on November 17, 2008, and this is significant under the FMLA because nearly one year later, on November 13, 2009, Ena’s physician restricted the number hours she could work as a result of … Continue Reading
When it comes to leave as a reasonable accommodation after FMLA leave is exhausted, employers have been conditioned to simply believe: inflexible leave policies bad, flexible leave policies good. In fact, many of us have become so good at this conditioning it would make Ivan Pavlov proud [you know, the guy who conditioned his dog to … Continue Reading
Here’s a shout out to all you employers out there who forget to send your employees the proper FMLA notices when they seek leave for a reason covered by the FMLA. Occasionally, the courts have your back, despite your lack of attention to detail. As I have discussed before, when an employer is put on … Continue Reading
No matter what position the EEOC might take, I’ll always take the position that an employee’s regular, reliable attendance is an essential function of the job. So, when an employee wants to arrive at work at any time, without any repercussions, it’s not a reasonable accommodation under the ADA. And I have a recent court … Continue Reading
