This scenario is all too familiar for employers: shortly before Christmas, your employee requests vacation leave for Christmas Eve and New Years Eve.  Due to seniority or the employee’s last-minute request for time off, her leave request is denied.  However, like clockwork, she calls off sick and requests FMLA leave on Christmas Eve and NYE,

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

Our thoughts and prayers are with those on the east coast who are attempting to return to some sense of normalcy in the wake of the devastation left behind by Hurricane Sandy.

Natural disasters like Sandy raise a host of issues for employers: how do you pay your employees during during suspended operations?  Whether

Last week, I responded to an FAQ that often arises for employers when administering the Family and Medical Leave Act: How do employers count unexcused absences when an employee does not return medical certification?

Here’s a real life application of this question:  Kimberly Miedema was an employee of Spectrum Catering, and after having claimed

Q: We requested that an employee have his health care provider complete FMLA medical certification in conjunction with what appears to be an FMLA-related absence.  The employee has been off work for 30 days and we still have not received certification.  Can we count any of these days as unexcused absences?

A: Before you get