Let’s talk about a bad FMLA habit that just won’t die.

Employee submits a certification. The health care provider estimates the employee will need intermittent leave two times per month.

Fast forward a few months.

The employee has a third flare-up.

And somewhere in America, an HR professional, supervisor, or leave administrator proudly announces: “Sorry.

Every HR pro knows this little workplace miracle.

Just as your office or plant is winding down for Memorial Day—or some other prime-time long weekend—boom: your employee’s chronic condition suddenly flares up like a Roman candle.

What timing.

A total and complete coincidence, right?

Enter Andrew, who worked as a conductor for CSX…

I’ve often wondered — in fact, even discussed with clients — whether an employer could safely approve an employee’s FMLA-related absence and discipline the employee because he failed to timely report the absence.

I’ve theorized that an employer could pull off both because the discipline punished the late call-in, not the FMLA leave.

But I’ve…

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…

It’s a Friday in the middle of summer. So, approximately half of your workforce called off today due to an FMLA-related absence. [Well, not really, but I’m not that far off, amirite?]

Take heart. At least you’re not the City of Chicago.

As reported this week by the City’s Inspector General, three…

A week doesn’t go by without a client asking me whether they can discipline an employee for exceeding the number of absences allowed on their FMLA medical certification. The fact pattern usually goes something like this:

Johnny is an assemblyman at your 200-employee facility. He assembles johnson rods. He also has a chronic bad…

Thanks to those who attended my webinar last week with Matt Morris on “Complying with the FMLA and ADA When Your Employee is Dealing with a Mental Health Condition.”  A link to the recording can be found here, and the presentation can be downloaded here.

To those who attended, thank you.  To those…