“What did I do wrong?” and “Am I doing this correctly?” are frequent questions from clients regarding FMLA administration. This is the thirteenth in a series highlighting some of the more common mistakes employers can inadvertently make regarding FMLA administration. Not properly issuing an employee the FMLA Designation Notice. Employers must designate leave as FMLA-qualifying, … Continue Reading
“What did I do wrong?” and “Am I doing this correctly?” are frequent questions from clients regarding FMLA administration. This is the twelfth in a series highlighting some of the more common mistakes employers can inadvertently make regarding FMLA administration. Not adequately investigating a potential FMLA abuse situation to put the employer in a stronger … Continue Reading
While employers generally accept that they cannot apply a maximum leave period after which employees are automatically terminated, they continue to struggle with how much leave must be provided as a form of accommodation under the ADA. There is little dispute that leave for an indefinite period where the employee has a long term chronic … Continue Reading
The U.S. District Court for the Middle District of Pennsylvania recently upheld an employer’s decision to terminate an employee under its policy against excessive absenteeism, in spite of the fact that the former employee had previously taken leave under the Family and Medical Leave Act (“FMLA”), because the absences at issue were not related to … Continue Reading
Employees requesting, currently taking, or just returning from leave under the Family and Medical Leave Act (“FMLA”) can be terminated for legitimate reasons that are unrelated to their FMLA leave. This point is exemplified by Jennings v. Univ. of N.C., N.C. Ct. App., Case No. COA16-1031 (July 5, 2017), which was the subject of a … Continue Reading
“What did I do wrong?” and “Am I doing this correctly?” are frequent questions from clients regarding FMLA administration. This is the eleventh in a series highlighting some of the more common mistakes employers can inadvertently make regarding FMLA administration. Not properly considering when a medical recertification can, and should, be requested when an employee … Continue Reading
On October 10, 2017, Judge Ritter issued the Memorandum Opinion and Order which granted a former employee’s Motion to Compel and held that the former employee was entitled to information from the company’s nationwide offices relating to other employees fired under the company’s 100% healed policy and other FMLA or ADA complaints. Matthew Donlin (“Donlin”) worked as a general manager … Continue Reading
Under the Family and Medical Leave Act (“FMLA”), an employer is permitted to contact an employee’s healthcare provider, with the employee’s permission, to clarify a medical certification submitted in support of the employee’s request for a leave of absence. Under the FMLA, “clarify” means to understand the handwriting on the certification or the meaning of … Continue Reading
The Court of Appeals of North Carolina recently held that an employer didn’t interfere with an employee’s rights under the Family Medical Leave Act (“FMLA”) or retaliate against her by contacting her to schedule her disciplinary hearing while she was on FMLA leave. Jennings v. Univ. of N.C., N.C. Ct. App., No. COA16-1031, 7/5/17. Crystal … Continue Reading
Granting summary judgment to an employer on Family and Medical Leave Act claims asserted by a former employee, an Illinois district court held that: (1) the employee had failed to demonstrate his firing had any causal relationship to his prior FMLA leave (or any potential future need for FMLA leave); and (2) the employer’s initial … Continue Reading
“What did I do wrong?” and “Am I doing this correctly?” are frequent questions from clients regarding FMLA administration. This is the ninth in a monthly series highlighting some of the more common mistakes employers can inadvertently make regarding FMLA administration. Assuming an adult son or daughter is not a covered family member. Employers may … Continue Reading
Contrary to apparent popular belief, employees who have recently taken leave under the Family and Medical Leave Act (“FMLA”) can be terminated for legitimate reasons unrelated to their FMLA leave. Establishing a non-retaliatory termination in these circumstances can be challenging, however. The timing of the termination alone can “look” retaliatory, and even a well thought … Continue Reading
It is well established that an employee need not specifically request leave under the Family and Medical Leave Act (“FMLA”) in order to benefit from the Act’s protections. Rather, the law requires the employer to take action to notify an employee of FMLA rights when the employer acquires knowledge that an employee’s leave may be … Continue Reading
“What did I do wrong?” and “Am I doing this correctly?” are frequent questions from clients regarding FMLA administration. This is the eighth in a monthly series highlighting some of the more common mistakes employers can inadvertently make regarding FMLA administration. Not properly seeking FMLA recertification when there is a change in circumstances. Generally, an employer may request … Continue Reading
Among the many questions California employers face when navigating the ins and outs of various disability leave laws is under what circumstances an employee may choose or be required to utilize paid time off for an otherwise unpaid leave of absence. When dealing with these issues, it is important to consider some nuanced differences between … Continue Reading
When it comes to FMLA leave administration, “don’t sweat the details” is rarely a wise axiom. Details matter. A lot. A recent decision by an Illinois federal court reinforces that lesson. In March 2015, Amanda Dusik contacted her employer, Lutheran Child and Family Services (LCFS), to request time off for knee surgery. She explained that, … Continue Reading
Intermittent leave continues to present some of the most exasperating FMLA issues. In March, the San Diego-based Disability Management Employer Coalition (DMEC) issued a white paper showing the findings of its annual 2016 Employer Leave Management Survey, which involved 1,132 U.S. employers of all sizes. According to the Society for Human Resource Management (SHRM), … Continue Reading
On March 16th, a bipartisan group of Representatives, which included Paul Gosar, Don Beyer, Martha McSally, Brad Schneider, Tom Suozzi and Barbara Comstock, introduced the Parental Bereavement Act of 2017, also known as the Sarah Grace-Farley-Kluger Act. See H.R. 1560. This Act would add the “death of a child” as a covered life event under the … Continue Reading
It’s a scenario that frustrates many employers. An employee with extensive intermittent FMLA absences, possibly including absences for different covered reasons, is also absent for many unspecified or unprotected reasons which lead to progressive discipline. The employee’s absences eventually reach the point of warranting termination and the employee does not provide additional medical information to … Continue Reading
On January 27, 2017, the Eleventh Circuit Court of Appeals issued a decision that provides a cautionary tale to employers about seeking documentation from an employee on intermittent FMLA leave. In Diamond v. Hospice of Florida Keys, Inc., Case No. 15-15716 (11th Circuit, Jan. 27, 217), the Court held that an employer’s request for “proof … Continue Reading
“What did I do wrong?” and “Am I doing this correctly?” are frequent questions from clients regarding FMLA administration. This is the sixth in a monthly series highlighting some of the more common mistakes employers can inadvertently make regarding FMLA administration. Inconsistently applying a return to work fitness-for-duty certification requirement. When an employee takes FMLA … Continue Reading
“What did I do wrong” and “Am I doing this correctly?” are frequent questions from clients regarding FMLA administration. Employers with operations in California need to worry about both the FMLA and the California Family Rights Act (CFRA). This is the next in our monthly series highlighting some of the more common mistakes employers can … Continue Reading
How many employers have had this situation arise? An employee requests and receives FMLA leave. While they are out, the employee’s supervisor needs to locate a document, find out the status of a project the employee was working on, or a crucial question comes up that only the employee on leave can answer. According to … Continue Reading
A United States District Court in Florida thwarted an employer’s attempt to toss the FMLA claims of an employee who sued after his medical condition was disclosed to co-workers who subsequently made fun of him. The employee requested FMLA leave after he developed a chronic condition with his genito-urinary system. The leave request was approved … Continue Reading
