The FMLA was enacted in 1993, way back when fax machines had just begun ruling the world and we were only learning how to send an email to a friend. When the law was passed, FMLA didn’t contemplate a remote workforce, let alone one that would be hastily relegated to their homes during a global
Remember All that COVID-Related Leave Your Employees Took Last Year? It May Render Them Ineligible for FMLA Leave This Year
The questions have come in all kinds of shapes and sizes.
Q: I furloughed several of my employees in 2020. Does the time on furlough count toward their FMLA eligibility?
Q: We forced an employee to take a leave of absence when they exhibited symptoms of COVID-19, which led to a multi-week leave of absence.
DOL Issues Regulations Implementing the New Emergency Paid Sick and Paid FMLA Law
Let me start with a toast.
A toast to the Department of Labor, which was thrust into a spotlight it didn’t seek. After Congress hastily cobbled together a bunch of confusing words on paper providing many American workers with a modest amount of paid sick leave and amending the FMLA to do the same, DOL
I am Eligible for FMLA Leave. Now What?
A few weeks back, I celebrated my one-year anniversary at Littler. You know what that means, right?
I’m F-M-L-A eligible, baby!
Now that I am eligible to take job-protected leave [picture the heavens opening up and the sun shining down on my face], I’m salivating over all the so-called “reasons” I could use
FMLA FAQ: When Is an Employer Required to Check for FMLA Eligibility? The Answer May Surprise You!
Every once in awhile, my posts must return to the nuts and bolts of FMLA, and this is one of ‘dem ‘dere posts. After all, I can’t always cover scintillating topics such as Beyonce concerts, bullies who abuse FMLA leave and whether FMLA covers excess trips to the potty.
Yet, the FMLA topic
Hurricanes Harvey, Irma and the FMLA: Are Your Employees Eligible for Leave During a Natural Disaster?
Our thoughts and prayers are with those in Texas and Louisiana whose lives have been impacted by Hurricane Harvey and those in Florida in the dangerous path of Hurricane Irma. Join us sending a donation to those organizations performing rescue operations and providing much needed help to our fellow Americans in need.
Natural disasters
Are Foreign Nationals on H-1B Work Visas Eligible for FMLA Leave?
Over the past few months, I’ve been asked by clients whether foreign nationals who are in the United States on work visas are eligible for FMLA leave.
As a General Matter, an H-1B Worker Must Be Paid (with some exceptions)
A U.S. employer hiring an H-1B worker is required to pay the worker while he/she
Butt Implants, Male Breast Reductions Among Top Plastic Surgery Trends. But Are These Procedures Protected by FMLA?
Apparently, Kim Kardashian isn’t the only one whose derrière seems to have transformed over the years.
According to data provided by the American Society of Plastic Surgeons (ASPS) and published in a number of news outlets, butt implants and male breast reduction are now among the fastest-growing types of plastic surgery in the United
Use The “Rolling” Method to Calculate FMLA Leave! This Employer Learned the Hard Way
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
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,