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
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…
What Am I Doing Wrong?? Common FMLA Mistakes
By Sheri L. Giger & Jenna M. Decker on
“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…
Prior Entitlement to FMLA Leave Is Not A Free Ticket To Miss Work For Non-FMLA Covered Reasons
By Jackson Lewis P.C. on
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…
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…
New Mexico Court Rules Employee Is Entitled To Nationwide Discovery in FMLA Case
By Jackson Lewis P.C. on
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”)…
“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 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…