Every once in awhile, my posts must return to the nuts and bolts of FMLA, and this is one of ‘dem ‘dere posts. After all, I can’t always cover scintillating topics such as Beyonce concerts, bullies who abuse FMLA leave and whether FMLA covers excess trips to the potty. Yet, the FMLA topic de jour is … Continue Reading
It’s that time of year — my kids are already making changes to the fourth draft of their Christmas wish list, holiday music has been playing on my local radio station for four weeks now, and I’m just about ready to claim the couch where I will spend most of Thanksgiving week in my PJs watching … Continue Reading
Our thoughts and prayers are with those in Texas and Louisiana whose lives have been impacted by Hurricane Harvey and those in Florida in the dangerous path of Hurricane Irma. Join us sending a donation to those organizations performing rescue operations and providing much needed help to our fellow Americans in need. Natural disasters like … Continue Reading
Over the past few months, I’ve been asked by clients whether foreign nationals who are in the United States on work visas are eligible for FMLA leave. Honestly, I didn’t know the answer to the question when I was first asked. So, I took this question to the one and only person I entrust with all … Continue Reading
Apparently, Kim Kardashian isn’t the only one whose derrière seems to have transformed over the years. According to data provided by the American Society of Plastic Surgeons (ASPS) and published in a number of news outlets, butt implants and male breast reduction are now among the fastest-growing types of plastic surgery in the United States. According to the … Continue Reading
Every once in awhile, I find myself counseling an employer with either no FMLA policy or one completely lacking any meaningful details. Often, these policies fail to include key provisions to protect against liability. Take, for instance, the FMLA 12-month period. As employers are aware, an otherwise eligible employee is entitled to 12 weeks of FMLA … Continue Reading
On Friday, June 26, the United States Supreme Court ruled that same-sex marriage is a fundamental right under the Fourteenth Amendment to the Constitution. So, I’ll give you one guess as to the topic of my blog post today. How is the FMLA Impacted by the Supreme Court’s Ruling on Same-Sex Marriage? Earlier this year, the … Continue Reading
Last week, I reported that a federal district court in Texas had halted the DOL’s enforcement of its final rule that would allow employees to take FMLA leave for their same-sex spouse. Following that court order, the DOL now has represented that it will not enforce the rule in the four states covered by the decision — Texas, … Continue Reading
A federal judge in Texas granted an injunction on Thursday that (for the time being) has stopped enforcement of the DOL’s final rule regarding the definition of spouse. Under the new rule, which was scheduled to take effect today, the FMLA would cover same-sex spouses if the marriage occurred in a state that recognizes same-sex marriage and … Continue Reading
The Department of Labor has issued a final rule that will allow an employee to take FMLA leave to care for a same-sex spouse, regardless of whether the employee lives in a state that recognizes their marital status. This rule change will impact the manner in which employers administer FMLA leave, so I’ll quickly get down to the … Continue Reading
If this story won’t cause you bring your FMLA policy up to snuff, then I’ve lost all hope. FMLA’s Basic Premise An employee is eligible for FMLA leave if he meets three basic criteria: He has been employed by a covered employer for 12 months; He has worked 1,250 hours worked during the 12-month period … Continue Reading
In the cold, sadistic world that is the FMLA, the Department of Labor tells us that ordinary, run-of-the-mill headaches (a/k/a “non-migraine” headaches) are not covered by the FMLA. Migraine headaches, on the other hand, are covered. When I try to explain the difference in FMLA training sessions for employers, they often look at me like … Continue Reading
Ena Wages served as a property manager for one of several apartment complexes owned by Stuart Management Corp. She began her employment on November 17, 2008, and this is significant under the FMLA because nearly one year later, on November 13, 2009, Ena’s physician restricted the number hours she could work as a result of … Continue Reading
Q: This week, one of our employees professed her love to one of her co-workers (who is married) and announced to everyone that they had been dating. The problem is — it’s not true. When questioned about it, she continued to insist that she and her colleague had been dating despite clear evidence to the … Continue Reading
Q: We have an exempt, managerial employee who in this past year took all 12 weeks of FMLA leave, and six additional weeks of unpaid leave. He also was intermittently absent for digestive problems to the tune of about four weeks. We’re now in a new FMLA year and he is requesting FMLA leave again. … Continue Reading
Of course, this kind of stuff happens while I’m on vacation and away from my computer. Last week, the Wall Street Journal created a bit of an uproar when it reported that the Department of Labor had just issued “regulatory guidance to affirm that same-sex married couples can take a leave from their jobs to care … Continue Reading
Fess up and raise your hand. How many of you were on the edge of your edge of your seat awaiting news of William and Kate’s new arrival? I can picture you now, feverishly refreshing your Facebook and Twitter pages to catch a glimpse of the latest heir to the British throne. As we … Continue Reading
Q: We regularly utilize temporary employees, some of whom we hire permanently. Does the time they work as a temp (through an agency) count toward the 12-month and 1,250 hour eligibility requirements? A: An employee is eligible to take FMLA leave when, among other things, he/she has worked for the employer for 12 months (which, … Continue Reading
Unless you’ve been securely wedged under a rock over the past 24 hours, you know that the U.S. Supreme Court has declared unconstitutional the Defense of Marriage Act (DOMA), which had established a federal definition of marriage as a legal union only between one man and one woman. Yesterday, as Justice Anthony Kennedy read … Continue Reading
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., … Continue Reading
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 you … Continue Reading
This past Friday, the United States Supreme Court announced that it would consider whether the Defense of Marriage Act (DOMA) unlawfully denies benefits to gay and lesbian couples who are married in states that allow such unions. A Supreme Court decision nullifying DOMA could have wide ranging impacts, including how the Family and Medical Leave … Continue Reading
Thanks for the great feedback we received on our post earlier this week about Hurricane Sandy’s impact on employers when it comes to issues arising under the Family and Medical Leave Act. In your feedback, I received several requests to address the following question: If an employer shuts down because of damage related to the … Continue Reading
There are a number of discussions happening lately about updating handbook provisions and social media policies to ward off a suddenly over-zealous National Labor Relations Board. And this advice certainly is well taken. As you review and revise these policies, consider also taking a look at your FMLA policy, and specifically, how you calculate your FMLA … Continue Reading
