I just returned from Disney World, a trip that had me chasing my kids (ages 8, 6 and 4) for days on end. So, I’m tired. And I ache. My feet ache. My back aches from my four year old riding on my shoulders. My head aches from thinking about my back. Even my aches
FMLA FAQ: Does Temporary Employment Count Toward FMLA Eligibility?
Q: We regularly utilize temporary employees, some of whom we hire permanently. Does the time they work as a temp (through an agency) count toward the 12-month and 1,250 hour eligibility requirements?
A: An employee is eligible to take FMLA leave when, among other things, he/she has worked for the employer for 12 months (which,
FMLA FAQ: Is an Employer Liable for Overtime Pay for an FMLA Violation?
Q: Is an Employer Liable for Overtime Pay and similar damages for an FMLA Violation?
A: The FMLA provides for a broad range of damages in the event an employer is liable for an FMLA violation. The statute states that an employee may be awarded “any wages, salary, employment benefits, or other compensation denied or
FMLA FAQ: When Employee on FMLA Leave Indicates They Will Not Return From FMLA Leave, What Should an Employer Do?
Here’s a question from the client inquiry line this past week, and it pops up often enough that I figured I would share:
Q: An employee on maternity leave contacted us two months into leave that she will not be returning to work at the end of FMLA leave (which now is one month away).
FMLA FAQ: Must an Employer Designate FMLA Leave When the Employee Does Not Want to Use FMLA Leave, or When the Employee Fails to Mention FMLA?
Q: One of our employees will be absent for a serious health condition. However, the employee prefers to use his accrued sick days instead of FMLA leave. He has enough sick time to cover the absence. In this situation, can the employee choose not to take FMLA leave, either because he has not specifically asked
FMLA FAQ: Does an Employer Violate the FMLA When an Employee Answers E-Mail or Telephone Calls While on Leave?
Q: An employee who recently returned from FMLA leave claims that a portion of his leave of absence should not count against his FMLA entitlement because he responded to a number of work-related e-mails and telephone calls while he was out. Can we still count this time as FMLA leave?
A: I have fielded this
FMLA FAQ: Can an Employer Deny FMLA Leave to An Employee Who Is Not Yet Eligible to Take Leave?
Q: Can an Employer Deny FMLA Leave to An Employee Who Is Not Yet Eligible to Take Leave?
A. It depends, particularly after a federal appellate court handed down a ruling on this very issue last week.
The underlying story is straightforward: On October 5, 2008, Kathryn Pereda began working for Brookdale, which operates senior
The DOL’s FMLA Forms Expired on December 31, 2011. Should Employers Still Use Them?
In a flurry of activity at the end of 2011, several employers contacted me to determine whether the DOL notice and certification forms still were valid, even though they contain an expiration date of December 31, 2011. In short, employers may continue to use the DOL’s FMLA forms, although consider our suggestions below before using
Podcast: How Do Employers Calculate FMLA Leave Around the Holidays?
When it comes to the holidays, FMLA administration can be most difficult — both in terms of employee absences and how to calculate them. As I covered last month, the FMLA regulations provide very specific rules for calculating an employee’s FMLA leave for a holiday or when the employer is shut down because of
FMLA FAQ: Can an Employer Credit Pre-FMLA Leave Against an Employee’s FMLA Entitlement When the Employee Becomes Eligible?
Q. We provide our employees “non-FMLA” leave after they have worked for us for six months. They are given up to six weeks off during that time if it can be certified by a physician. Since these employees are not eligible for FMLA leave at this point, can we credit the time they took off against their