When an employee takes medical leave, treatment by a healthcare provider is often assumed, and the frequency of doctor’s visits is rarely scrutinized. The Pennsylvania federal court’s recent decision in Watkins v. Blind and Vision Rehabilitation Services of Pittsburgh alerts us that this is not always a wise approach. In evaluating FMLA leave entitlements, verifying
Another Court Decides That Extended Leave is Not a Reasonable Accommodation
By Tasos C. Paindiris on
As employers struggle with managing how much, if any, leave is required as an accommodation under the ADA, we are beginning to get more direction from the Courts to guide those decisions. In Easter v. Arkansas Children’s Hospital (E.D. Ark. Oct. 3, 2018) an employee was unable to work after exhausting her FMLA leave but…
What Am I Doing Wrong?? Common FMLA Mistakes
By Sheri L. Giger on
“What did I do wrong?” and “Am I doing this correctly?” are frequent questions from clients regarding FMLA administration. This is the seventeenth in a series highlighting some of the more common mistakes employers can inadvertently make regarding FMLA administration.
Being unaware of new FMLA interpretations from the U.S. Department of Labor.…
The Devil Is in the Detail – FMLA Eligibility and Remote Workers
By David S. Mohl on
With the increasing trend of telecommuting employees, it is not uncommon for a company to have small numbers of employees working from remote locations in various states. It is important that employers understand how FMLA eligibility is determined for remote workers. Some incorrectly believe that a work-at-home employee cannot qualify for FMLA if the home…
What Am I Doing Wrong?? Common FMLA Mistakes
By Sheri L. Giger on
Posted in FMLA
“What did I do wrong?” and “Am I doing this correctly?” are frequent questions from clients regarding FMLA administration. This is the sixteenth in a series highlighting some of the more common mistakes employers can inadvertently make regarding FMLA administration.
Not requiring an employee to follow customary call-in procedures for FMLA leave.
What Am I Doing Wrong?? Common FMLA Mistakes.
By Sheri L. Giger on
“What did I do wrong?” and “Am I doing this correctly?” are frequent questions from clients regarding FMLA administration. This is the fifteenth in a series highlighting some of the more common mistakes employers can inadvertently make regarding FMLA administration.
Not properly communicating with an employee who is about to exhaust the…
Are You Interfering With FMLA Rights If You Offer The Option to Work During Leave?
By Tasos C. Paindiris on
Employees who take leave to care for a family member often have the ability to continue working during their leave if the caretaking obligations do not consume all of their time. If the employee asks to work limited hours while taking time off to care for a family member that is generally treated as a…
IRS Issues Guidance FAQs Regarding the Paid Family Leave Federal Tax Credit
By Jackson Lewis P.C. on
This week, the Internal Revenue Service (IRS) issued FAQ guidance regarding the employer tax credit for paid family and medical leave. As a reminder, the Tax Cuts and Jobs Act of 2017 (the Act) provides a tax credit to employers that voluntarily offer paid family and/or medical leave to employees. The FAQs clarify some of…
Are You Preparing for Washington Paid Family and Medical Leave?
By Jackson Lewis P.C. on
By the end of this year, employers with employees in the state of Washington must be ready to comply with last summer’s newly-enacted a paid family and medical leave law. Since the law’s passage, Washington has been busy fine-tuning the program and providing updates. Recently, Washington announced that employers with employees in the state…
Must an Employer Pay for Frequent FMLA Breaks?
By Jackson Lewis P.C. on
Is it compensable time when an employee takes frequent, 15-minute breaks each hour due to the employee’s serious health condition? Today, the United States Department of Labor (DOL) answered this question in a hot-off-the-press opinion letter, verifying that FMLA-covered breaks are not compensable.
In today’s opinion letter, the DOL confirmed that frequent, 15-minute breaks…