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
What Am I Doing Wrong?? Common FMLA Mistakes
By Sheri L. Giger & Jackson Lewis P.C. 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 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…
“You Can’t Fire Me, I Just Came Back From FMLA Leave.”
By Joanne Braddock Lambert on
Posted in FMLA
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…
Is Crying at Work Sufficient Notice of an FMLA Covered Condition?
By Tasos C. Paindiris on
Posted in FMLA, Health Management
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…
What Am I Doing Wrong?? Common FMLA Mistakes.
By Sheri L. Giger & Jenna M. Decker 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 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…
A Primer on Substituting Paid Leave for Unpaid Disability Leave Under Federal and California Law
By Jackson Lewis P.C. on
Posted in California Compliance, FMLA
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…
What Should I Tell Employees on Leave About Their FMLA Usage? Everything!
By Katrin U. Schatz on
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, …
Are You Coming In Today? An FMLA Intermittent Leave Toolkit
By Teresa Burke Wright on
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), “tracking…
Congress Proposes Adding Parental Bereavement Leave to FMLA
By Jackson Lewis P.C. on
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…
Fear of Failure – Terminating Employees with Extensive FMLA and non-FMLA Absences
By Tasos C. Paindiris on
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…