Skip to content

Menu

By Jeff Nowak of Littler
HomeAuthor & FirmContactSubscribe
Search
Close
FMLA Insights logo

FMLA Insights

Guidance & Solutions for Employers

audit absences before termination

Subscribe to audit absences before termination via RSS

FMLA FAQ: If an Employee Racks Up Both FMLA and Unexcused Absences, Can He Be Terminated?

By Jeff Nowak on December 7, 2017
Posted in Abuse of FMLA leave, Intermittent Leave

Here’s a puzzle for you.  How would you handle it?

Mary Beth is a nurse for a local hospital and has been diagnosed with cancer and asthma.  Over the course of about one year:

1. She is certified for FMLA leave for her cancer and asthma;

2. She incurs a total of 13 intermittent absences…

When Employers Don’t Recognize an Employee’s Notice of the Need for FMLA Leave, They Pay the Price

By Jeff Nowak on September 29, 2016
Posted in Notice

sick-day.jpgAs employers, we face a sobering reality: at every turn, the FMLA sets us up to fail.

Whether it’s deciphering medical certification, assessing fitness for duty upon return to work, or dealing with the always frustrating intermittent leave, the FMLA is full of booby traps ready to nail us the instant we slip up.

Chief…

About Jeff

Jeff Nowak is a shareholder at Littler Mendelson P.C., the world’s largest employment and labor law practice representing employers. Jeff has two decades of experience advising and litigating on behalf of employers on a wide range of complex employment law matters and is a recognized leader on FMLA and ADA issues, helping employers develop comprehensive strategies to achieve compliance with employee leave and accommodation issues.

Read More....

Connect with Jeff

RSS LinkedIn Twitter

Topics

Archives

Recent Upates

  • Is Travel Time to and from a Medical Appointment Covered by the FMLA?
  • As You Prepare Payment on Those Year-End Bonuses and Wonder Whether You Pay the Guy Who Took FMLA Leave, Read This First
  • Join Me for My Annual FMLA & ADA Master Class: The 2026 Edition!
  • Join Me for a Webinar: “It’s Not Called the Friday and Monday Leave Act! Effective Ways to Protect your Organization Against Misuse of FMLA and ADA Leave”
  • When an Employee Requests Leave from Work, It’s Easy to Respond with Cynicism. Next Time, Respond with Kindness.

Links

  • ABA – Labor & Employment Section
  • ACC
Jeff Nowak
Littler Mendelson P.C. | 321 N Clark Suite 1000 | Chicago, IL 60654
RSS LinkedIn Twitter
Privacy PolicyDisclaimer
Copyright © 2026, Jeff Nowak. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo