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
Intermittent Leave
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…
Join Me for a Complimentary FMLA Webinar: Managing FMLA Red Flags and Staying Ahead of the Trends
It’s Webinar Time!
The year 2014 has ushered in a host of fascinating developments involving the FMLA. Courts across the country have issued critical decisions on an employee’s notice of the need for FMLA leave; whether an employee can affirmatively decline FMLA leave; combating FMLA abuse; and caring for a family member.
Please join us…
FMLA FAQ: Can an Employer Require a Doctor’s Note for Each Intermittent FMLA Absence?
Over the past few weeks, I have had the pleasure of presenting on complex FMLA issues for attorneys and HR professionals attending several seminars sponsored by the National Employment Law Institute (NELI), which puts on some of the best employment law seminars in the country (my session, of course, being a drag on their success!).…
FMLA FAQ: Can Excess Trips to the Potty Be Counted as FMLA Leave?
Q: One of our employees drinks a lot of water at work and goes to the bathroom continuously throughout the day. As a result, she uses far more than her normal breaks allow. She has provided documentation that a severe medical condition in her kidneys causes this predicament. Do we have to allow this? And…
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.…
It’s a Fact: Employers Often Can Designate FMLA Leave in Longer Increments Than the Actual Leave Taken
In a recent post, I discussed an employer’s obligation to designate leave under the Family and Medical Leave Act even though the employee did not want it to be classified as FMLA leave.
The post generated considerable feedback and some follow-up questions. I wanted to highlight one of those questions. One of our blog followers (see right…
Giants Beat Patriots in the Super Bowl! Can I take FMLA Leave Today?
Monday, February 6, 2012 is a bittersweet day for employers across New York and elsewhere. Just hours earlier, their employees watched the New York Giants beat the New England Patriots in Super Bowl XLVI. For these employers, however, many of their employees won’t be at work Monday morning. The reason? In a 2008 survey conducted by The…
FMLA FAQ: How Many Intermittent FMLA Leave Hours is an FLSA-Exempt Employee Entitled To?
Q. We employ an FLSA-exempt employee who has been certified for intermittent FMLA leave for migraine headaches. He averages two to three intermittent absences per month. Normally, I would calculate the employee’s total FMLA allotment as 480 FMLA hours (12 weeks x 40 hrs/wk), but he claims he should be entitled to 600 FMLA hours because…
Play Ball! An FMLA Lineup That Keeps You in the Pennant Race
In this opening weekend of major league baseball, hope springs eternal for every baseball fan. In honor of my beloved Chicago White Sox, I offer an FMLA lineup card below that from top to bottom will help employers stay atop the pennant race throughout the year.
[First, feel free to play the National Anthem if you so desire…]
From the Leadoff Hitter to the end of the lineup, here are my FMLA All Stars:Continue Reading Play Ball! An FMLA Lineup That Keeps You in the Pennant Race