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
Kelly, an administrative assistant for Penn State Health, racked up quite a few absences over a short period of time. Some of these absences related to GI issues that ordinarily would be covered by the FMLA.
In Kelly’s case, however, she repeatedly failed to timely report these absences, which led to attendance points.
Penn State
The Department of Labor is quickly catching up to the telemedicine explosion and America’s remote workplace.
In an effort to ease FMLA administration and address the lightning-fast move toward telemedicine visits during the COVID-19 pandemic, the DOL issued guidance yesterday making clear that a telemedicine visit with a health care provider can be used to
This one is no laughing matter. Actually, it’s downright sad.
A few years ago, I reported on an employee at an Illinois school who was able to raise an FMLA claim when her supervisor ignored her many pleas for help as she struggled with mental health issues.
Fast forward a few years: a jury
As employers have noodled on the new federal emergency paid sick leave (EPSL) and paid FMLA leave (FMLA+) law, you’ve done a double-and triple-take on the notice and documentation requirements under this new law. In short, they can be confusing. As a result, plenty of clients have asked me to break down this process just
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 spend a decent part of my day reviewing FMLA forms, certification and correspondence. Exhilarating, for sure.
When it comes to FMLA notices, do you care hear about one of my big pet peeves? [You: Not really interested, Jeff, but we have the feeling you’re going to tell us anyway.]
It’s an issue that
Remember when I told you a few months ago that employers can and should consider requiring that employees make two calls to request FMLA leave? For instance, you might require one call to the supervisor to report the absence, and a second call to Human Resources (or your third party administrator) to request FMLA
When a manager learns that one of his employees is in the hospital for several days, that’s almost always enough information for the employer to have an inkling that the employee may need FMLA leave.
But one employer didn’t think so. And the penalty for its mistake was costly. Let me explain.
The Facts
Grace
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