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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

  • You Don’t Have to Be Irish to Enjoy This March Treat: The ABA’s Summary of 2022 FMLA Court Decisions Has Arrived!
  • Is an Employer Required to Provide FMLA Leave Indefinitely to an Employee Who Cannot Work Overtime?
  • Happy 30th Birthday, FMLA! Where Do We Go from Here?
  • When an Employee Returns from FMLA Leave, Don’t Be This Employer
  • It’s the End of the Year. May an Employer Legally Deny a Bonus to an Employee After Taking FMLA Leave?

Links

  • ABA – Labor & Employment Section
  • ACC
Jeff Nowak
Littler Mendelson P.C. | 321 N Clark Suite 1000 | Chicago, IL 60654
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