For ages, the employer community has awaited guidance from the EEOC regarding how much additional leave, if any, an employer is required to provide an employee as an ADA reasonable accommodation when an employee is unable to return to work after exhausting FMLA leave. (Depending on what the EEOC says in that eventual guidance, however
DOL Lawsuit Highlights Simple Reality: Employers Who Ignore FMLA Regulations Face Severe Consequences
When an employer ignores the FMLA regulations as it ponders a termination decision, the consequences can be severe.
A water bottling company recently learned this the hard way.
Peter Lyle was a route driver for “O Premium Waters,” a company that provided bottled water. In December 2009, Peter took FMLA leave, which was approved by
The Importance of Providing Individual FMLA Notices to Employees
The Department of Labor was serious when it required employers beginning in 2009 to provide individual FMLA notices to employees regarding their eligibility and rights (Notice of Eligibility and Rights & Responsibilities) and whether FMLA applies (Designation Notice).
Apparently, courts think this is important, too. And The Wackenhut Corporation learned this lesson the hard
FMLA FAQ: How Long Can an Employer Rely on a Second or Third Opinion under the FMLA?
Q: We have become more aggressive on suspected cases of FMLA abuse and, as a result, we have sent a greater number of employees for second and third opinions after they turn in medical certification. Once we have received the second or third opinion, how long can we rely on it? That is to say
Court Rules That Third Party Administrators Can Be Held Liable for FMLA-Related Violations
Employers often outsource to third party administrators the task of managing their FMLA processes. Under this model, the TPA handles FMLA requests, paperwork and approvals instead of the employer’s human resources or benefits department. TPAs often utilize nurse case managers to help make leave determinations, and they generally oversee the FMLA administration.
Where a TPA
ABA’s Summary of 2012 FMLA Cases a Valuable Resource for Employers, Attorneys
As always, 2012 was an active year for cases involving the Family and Medical leave Act. Remember the manager who gave his employee the book “No More Hysterectomies” when she asked for leave because she had to undergo a hysterectomy? We covered that one here. Or how about the employee who sought leave to
Employee’s Lack of Diligence in Obtaining Timely Medical Certification Destroys Her FMLA Claim
As a management side attorney, I love when FMLA cases provide real, practical takeaways for employers that help them better administer FMLA leave. Yesterday was one of those days, as a federal court took a plaintiff to task for: 1) failing to provide timely FMLA medical certification; and 2) failing to make a good faith
What!?! Time Caring for Mom in Las Vegas is FMLA Leave
The FMLA just got a whole lot broader.
In what might be one of the key FMLA decisions of the year, a federal judge has upheld an employee’s right to take FMLA leave to care for her mother during a recreational trip to Las Vegas.
Yep . . . you read it correctly. Employee +
Facebook Pictures of Employee Socializing at Local Festival Drown Her FMLA Claims
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.
Dads Need Lovin’ Too! Father Can Proceed with FMLA Retaliation Claim in “Macho Culture” Lawsuit
Dads need lovin’ too. So says a federal court judge, who has allowed a father to proceed on his FMLA retaliation claim after the employee alleged that his employer’s “macho man” culture was a culprit in his ouster.
As I detailed in a previous blog post, Ariel Ayanna was an attorney at a Boston-based