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FMLA FAQ: If an Employee Racks Up Both FMLA and Unexcused Absences, Can He Be Terminated?

By Jeff Nowak on December 7, 2017
Posted in Abuse of FMLA leave, Intermittent Leave

Here’s a puzzle for you.  How would you handle it?

Mary Beth is a nurse for a local hospital and has been diagnosed with cancer and asthma.  Over the course of about one year:

1. She is certified for FMLA leave for her cancer and asthma;

2. She incurs a total of 13 intermittent absences…

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…

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

  • If You Review FMLA Medical Certification as Part of Your Job, You Need to Read this Post!
  • Is Your Remote Employee Eligible for FMLA Leave When Working from Home?
  • A Winter Treat! The ABA’s Summary of 2024 FMLA Court Decisions Has Arrived
  • DOL Sheds Light on Administering FMLA Leave When an Absence Triggers Both FMLA and State Paid Leave Laws
  • No Sibling Rivalry Here: Court Green Lights Potential FMLA Leave for Siblings

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