Tag Archives: request

Is Crying at Work Sufficient Notice of an FMLA Covered Condition?

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!

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

Finding the “Implicit” Accommodation Request

It is common gospel that when a qualified disabled employee requests accommodation under the Americans with Disabilities Act (“ADA”), both employer and employee must engage in an interactive dialogue to discuss the options.  But what happens when an employee merely identifies a disability but never asks to be accommodated?  In a recent decision, a sharply divided … Continue Reading

Family Flight Fuels Frisco Family Friendly Workplace Law

Billed as a measure to deter more “family flight” from San Francisco, the City’s Board of Supervisors have passed an ordinance giving employees who are caretakers or parents the “right to request” flexible or predictable work schedules. The mayor has indicated he will sign the ordinance into law. San Francisco has the lowest percentage of … Continue Reading

“I am Resigning” is Not a Request for FMLA Leave

Is a resignation a request for FMLA  leave? Of course not most would say, but it  depends on whether you ascribe to words their plain meanings.  One of the more well-known  exchanges concerning the meaning of words occurred between Humpty Dumpty and Alice in "Through the Looking Glass." “When I use a word…‘it means just … Continue Reading

FMLA Leave: Pre-Post Protected; Pre-Pre Not

Are employees who request FMLA leave before they are eligible for the leave entitled to the protections of the FMLA? It depends on whether the employee requesting leave will be eligible at the time of the leave. The Eleventh Circuit Court of Appeals has held that the FMLA protects a pre-eligibility request for post-eligibility leave. … Continue Reading