Tag Archives: FMLA

Must an Employer Pay for Frequent FMLA Breaks?

By Megan G. Holstein on Posted in: FMLA, Leave, Uncategorized
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 taken … Continue Reading

What Am I Doing Wrong?? Common FMLA Mistakes

By Sheri L. Giger and Jenna M. Decker on Posted in: FMLA, Leave
“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

Prior Entitlement to FMLA Leave Is Not A Free Ticket To Miss Work For Non-FMLA Covered Reasons

By Heather C. Panick on Posted in: ADA, FMLA, Leave
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

Timing Is Everything: FMLA Claim Survives Summary Judgment Where Employer Began Auditing Employee’s Records The Day After FMLA Leave Request

By Ellison F. McCoy on Posted in: FMLA
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

New Mexico Court Rules Employee Is Entitled To Nationwide Discovery in FMLA Case

By Heather C. Panick on Posted in: ADA, FMLA
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

“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 … Continue Reading

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 … Continue Reading

What Should I Tell Employees on Leave About Their FMLA Usage? Everything!

By Katrin U. Schatz on Posted in: ADA, FMLA, Leave
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

Are You Coming In Today? An FMLA Intermittent Leave Toolkit

By Teresa Burke Wright on Posted in: FMLA, Leave
            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

Fear of Failure – Terminating Employees with Extensive FMLA and non-FMLA Absences

By Tasos C. Paindiris on Posted in: FMLA, Leave
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

Employers Beware: Intermittent FMLA Absences Not Subject to “Proof of Need”

By Ellison F. McCoy on Posted in: FMLA
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

Beware What You Share – Disclosure of Medical Information Results in Retaliation and Interference Claims

By Tasos C. Paindiris on Posted in: FMLA
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

A Cautionary Tale: How Sudden Changes to Intermittent FMLA Can Cost You

By Katrin U. Schatz on Posted in: FMLA, Leave
A January 9 decision by the Seventh Circuit Court of Appeals serves as a vivid reminder that employers must tread with great caution when managing intermittent leave under the Family and Medical Leave Act. As the ruling in Wink v. Miller Compressing Company highlights, making abrupt changes in leave accommodations or providing misinformation about leave … Continue Reading

Employee Cannot Maintain Collective Action for Employer’s Failure to Post FMLA Notice

By Tasos C. Paindiris on Posted in: FMLA, Leave, Work-Related Injuries
We all know that the FMLA is fraught with pitfalls that can lead to costly mistakes. But a collective action for simply failing to post a notice?  On January 6, 2017 a U.S. District Court in Maryland rejected such an attempt.  In Antoine v. Amick Farms, LLC the plaintiffs claim that a class of employees … Continue Reading

Does Calling Someone an “Injury Compensation Specialist” Prove FMLA Retaliation?

By Katrin U. Schatz on Posted in: FMLA, Leave
Perhaps not, according to the First Circuit Court of Appeals. Not all retaliation is the same, the court reminds us in its December 14, 2016 decision in Chase v. U.S. Postal Service. Evidence that a supervisor retaliated because of an employee’s workers’ compensation claim does not itself prove the supervisor also retaliated because the employee took concurrent … Continue Reading

Is Santa Claus a Key Employee?

By Ellison F. McCoy on Posted in: FMLA, Leave
At North Pole Enterprises, the company’s entire existence is dependent upon a single delivery on the night of December 24. On December 23, Santa Claus, the only licensed delivery driver at North Pole Enterprises, injures his back while loading packages in his “truck.”  Later that day, Mr. Claus contacts the Human Resources Department at North … Continue Reading

Department of Labor to Seek Feedback Regarding the Family and Medical Leave Act

By Kimberly N. Dobson on Posted in: FMLA, Leave
The U.S. Department of Labor (DOL) is looking to collect data from employers and employees regarding their respective “need for” and “experience with” the Family and Medical Leave Act (FMLA).  The data collection period is expected to occur in 2017 and 2018.  From employees, the survey will seek information regarding “use of leave, need for … Continue Reading

Be Wary of Potential FMLA Violation before Terminating an Employee for Failure to Meet Performance Standards During Intermittent Leave

By Tasos C. Paindiris on Posted in: FMLA
It is well established that the FMLA does not require an employer to reduce its performance expectations for an employee who is taking leave intermittently or on a reduced schedule.  Additionally, during the time the employee is at work, the employee must be capable of continuing to perform the essential functions of the job.  However, … Continue Reading

Enhanced FMLA Fitness-for-Duty Certification Provides Comfort to Employers

By Ellison F. McCoy on Posted in: FMLA, Leave
An employee’s return to work following an extended FMLA leave for a serious health condition of the employee often creates concerns on the part of the employer. In these situations, employers frequently question whether the employee is really able to perform the essential functions of the job and whether returning the employee to work may … Continue Reading

Court Punts on Expanding FMLA Coverage to Absences Not Covered by FMLA

By Jackson Lewis P.C. on Posted in: FMLA
"Approved." Due to an email containing that single word, the Eleventh Circuit Court of Appeals found itself addressing an FMLA issue that is somewhat of a paradox–whether to expand FMLA coverage to absences not covered by the FMLA…when an employer has approved FMLA leave for the uncovered absence.  Put in a legal framework, the issue … Continue Reading

Who Cares? The Mom of an Adult Daughter with a Brain Aneurysm Cares

By Jackson Lewis P.C. on Posted in: FMLA
In FMLA "caring for" cases, there is usually no dispute that the cared-for relative has a serious health condition. We have posted here, here and here about such cases. But in Mezu v. Morgan State University, (D.Md July 29, 2013), that was precisely the issue. The plaintiff claimed her employer interfered with her FMLA rights … Continue Reading

No FMLA Interference Where Employee Failed to Follow His Employer’s Customary Notice and Procedural Requirements

By Jackson Lewis P.C. on Posted in: FMLA
An employee who did not follow his employer’s call-in requirements under its attendance policy or provide an appropriate medical certification supporting his need for leave under the FMLA has failed to establish a claim for interference with his FMLA rights, according to the Sixth Circuit. Srouder, et al. v. Dana Light Axle Mfg, LLC,, (6th Cir. … Continue Reading
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