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
Medical Certification
How Can Congress Improve the FMLA? Let’s Count the Ways…
Over the past month, as we recognized the 20th Anniversary of the Family and Medical Leave Act, advocates for employees and employers have been clamoring for changes to the Act.
On one hand, employee advocates are calling for a broad expansion of the FMLA that would allow for paid leave or broader coverage (e.g.…
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…
Can Brent Musburger Take a Leave of Absence from ESPN for Work-Induced Stress?
Feel free to call me out for shamelessly piling on veteran broadcaster Brent Musburger. But by now, you know that issues arising under the Family and Medical Leave Act are part of the American fabric as much as baseball and apple pie, right? Well, at least on this blog it is.
For those of…
An Employee Requests and is Denied Vacation Leave but Later Takes FMLA Leave for the Same Time Period. What Recourse Does an Employer Have?
This scenario is all too familiar for employers: shortly before Christmas, your employee requests vacation leave for Christmas Eve and New Years Eve. Due to seniority or the employee’s last-minute request for time off, her leave request is denied. However, like clockwork, she calls off sick and requests FMLA leave on Christmas Eve and NYE,…
A Couple Quick Tips to Fight FMLA Abuse Around the Holidays
Have your employees’ absences from work been a bit more frequent lately? And are you tired of the lame excuses they’re providing? After all, there are only so many times your employee’s dog can knock over the Christmas tree….on top of your employee, right?
In this “best of” FMLA post, employers need not settle for…
Best Practices for Employers When Administering FMLA Leave: A Recap of our Webinar
Thanks to those who attended my webinar last week with Matt Morris and Tamika Lynch on “FMLA Made Easy: Effectively Managing Difficult FMLA Issues.” As the survey feedback indicated, this webinar was a great opportunity to discuss common issues that arise in the administration of FMLA leave and how employers can best address them.
From…
Last Chance to Sign Up for our Complimentary FMLA Webinar set for this Thursday, December 6 (12 p.m. CST)
Reports on the street indicate that people literally are lining up and begging for the last seat for a complimentary FMLA webinar I am hosting this Thursday, December 6. (See right.) The good thing is that, as subscribers to our blog, you and your colleagues still can sign up. (See details below.) I hope…
Join Me for an FMLA Webinar: “FMLA Made Easy: Effectively Managing Difficult FMLA Issues”
I’ll admit it: I am longoverdue to host an FMLA webinar for employers. Wait no more! I have partnered with two fabulous attorneys — Matt Morris of FMLASource and Tamika Lynch of Siemens Industry — to hit head on a number of FMLA juggernauts that all of us face everyday.
Please join us on…
Hurricane Sandy and the FMLA: Are Your Employees Eligible for Leave During a Natural Disaster?
Our thoughts and prayers are with those on the east coast who are attempting to return to some sense of normalcy in the wake of the devastation left behind by Hurricane Sandy.
Natural disasters like Sandy raise a host of issues for employers: how do you pay your employees during during suspended operations? Whether…