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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…

Can an Employee Decline FMLA Leave Simply by Checking a Box on a Form?

By Jeff Nowak on September 28, 2015
Posted in Interference, Notice

FMLA leave rejectedDo you require your employees to fill out a form or an application to request leave under the Family and Medical Leave Act? If not, are you thinking of changing to such an approach? Either way, pay attention to this story about Carrie, whose particular leave situation is instructive for employers.

The Facts

Carrie was…

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.

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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
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