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
When a Manager Makes Even One Stupid Comment after an FMLA Request, the Employer Pays the Price
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
Requiring an Employee to Return from FMLA Leave “Without Restrictions” or “Fully Healed” Is Playing with Fire
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
A Cruise Aboard the Love Boat is Not Protected by the FMLA, Even When the Doc Says It’s a Good Idea
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
Now That Same-Sex Marriage is a Constitutional Right, How Do Employers Administer FMLA Leave?
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,
FMLA FAQ: If Your Employee Checks into the Hospital After Midnight, Is It an “Overnight Stay” under the FMLA?
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
DOL Will Not Enforce Final FMLA Regulation Regarding Same-Sex Spouses in Four States
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
Texas Court Puts a Halt on DOL Enforcement of the New FMLA Rule Extending Leave Rights to Same-Sex Couples
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
Now This is a Headache! Employee Terminated for Migraine Headaches Can Advance FMLA Claim
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
Dear Employers: We Have to Stop Sticking It to Pregnant Moms and Expectant Dads
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