This one just smells fowl. Delbert (not sure if he goes by Del or Bert, so I’ll just call him Delbert) decided not to show up for work at Tyson Fresh Meats on December 28. Instead, he asked his girlfriend, who also worked for Tyson, to report his absence for him. She obliged and
The Best of 2014: Sending FMLA Notices by Mail/Email, Requiring Doctor’s Notes for Intermittent FMLA Absences Among Most Popular Posts This Year
It’s the final week of the year, so while everyone else in the world is playing with their latest version of iPhone and other new electronic gadgets, I spend my time analyzing this year’s FMLA blog posts and agonizing over how I can deliver the FMLA to your virtual door in an even more efficient
FMLA Leave for Headache Effectively Converts Full-Time Position into Part-Time Position; Employers’ Shrieks Heard Across the Country
This one is a real headache.
Sam oversees a storage area for the Connecticut Department of Transportation (ConnDOT) and during certain times of the year, his position requires a fairly extensive amount of overtime. For years, Sam has suffered from “cluster headaches,” which are far worse than migraines and can last for days. Sam’s physician
When an Employee Falls Off a Ladder at Work, is His Absence Covered by FMLA? An Employer’s Misstep Discussed…
Note to self: When one of my employees:
- falls off a ladder at work,
- is taken to urgent care by the company’s HR Director,
- asks whether the FMLA would apply to his absence,
- then, as a result of his doctor’s orders, takes a multi-week absence after the fall from the ladder…
I’m going to
Managing FMLA Red Flags and Staying Ahead of the Trends: A Recap of our Webinar
Thanks to those who attended my webinar last week with Ellen McCann on “Managing Red Flags and Staying Ahead of the Trends.”
In a mere hour, Ellen and I covered a number of hot FMLA topics and trends, such as:
- Conducting an effective investigation after you obtain photos or information through social media suggesting that
Court Determines that Employer’s FMLA Notice Sent by Email is Not Reliable (Sending Employer World into Tizzy)
We have a mini-FMLA crisis on our hands this week, and the courts are to blame. This issue involves the FMLA notices that employers send to employees, but more importantly, the delivery route in which they send them.
You may recall that, a couple months back, I analyzed a decision by a federal appellate court
A Game-Changing Decision? Sending FMLA Notices to Employees by U.S. Mail May Not Cut It Anymore
With all the FMLA paperwork that a leave administrator has to provide an employee during the FMLA process, you’d wonder whether you’re attending a real estate closing. All these documents — whether it’s the Notice of Eligibility, medical certification, or the Designation Notice — typically get sent by good old fashioned snail mail, delivered by
FMLA FAQ: Am I Required to Pay My Employee for Holidays Occurring During FMLA Leave?
There must be something in the water, but several clients have asked me this week whether they are required to pay an employee for the Memorial Day holiday even though the employee was out on FMLA leave. Interesting question, and the answer is fairly straightforward: treat them the same way you would treat another employee
Employer’s Improper and Untimely FMLA Notices Didn’t Harm Employee, So No FMLA Violation
Here’s a shout out to all you employers out there who forget to send your employees the proper FMLA notices when they seek leave for a reason covered by the FMLA. Occasionally, the courts have your back, despite your lack of attention to detail.
As I have discussed before, when an employer is put
Can an Employee Decline FMLA Leave Even though the Absence is Covered by the Act?
What do you do when one of your employees has informed you of what clearly is an FMLA-triggering event (she needs to care for her dad who is seriously ill in the hospital), but then tells you she doesn’t want the absence designated as FMLA leave? I’ll share my opinion below, but in the meantime,