Tony, an employee for a medical clinic, tested positive for COVID-19. At the advice of his physician, Tony is required to quarantine for 14 days. Because he is completely asymptomatic, however, Tony scheduled no visit with his doctor, and no regimen of continuing treatment was prescribed. Assuming Tony cannot perform any work from home, are Tony’s absences from work during the 14-day quarantine covered by the FMLA? Your FMLA instincts are screaming out, “Come on,…

I know you want to hear FFCRA musings [though I’m not sure why…], but first take a look at this beauty of a ten-week old golden retriever pup, Annie, who we just brought home. My heart is full. Take as much time as you’d like admiring that beautiful doggy before I move on . . . Onto the Families First Coronavirus Response Act (FFCRA) Given that the U.S. Department of Labor seems reticent  about helping…

Have you ever read a new law and despite something like your 68th reading of the darn thing (which might as well be in a foreign language), it’s still clear as mud? Let me introduce you to the American Rescue Act. More specifically, let’s chat about those provisions revising and extending tax credits to employers that provide paid sick leave and paid FMLA leave to their employees. Whew Doggie!  This is one mess of a…

I am often asked to share my favorite resource materials and conferences involving the FMLA and ADA. I recognize budgets are tight this year. So, if you have the ability to attend just one conference this year on the FMLA and ADA or if you’re looking for a free FMLA resource, keep reading. First, the (Free) FMLA Bible Every February, the American Bar Association’s Federal Labor Standards Legislation Committee publishes a comprehensive report of FMLA…

Kelly, an administrative assistant for Penn State Health, racked up quite a few absences over a short period of time. Some of these absences related to GI issues that ordinarily would be covered by the FMLA. In Kelly’s case, however, she repeatedly failed to timely report these absences, which led to attendance points. Penn State Health’s call-in procedures required employees like Kelly to make two calls whenever they wanted to request FMLA leave: 1) one call…

Recently, an email I received from a HR-related organization caught my eye. The email was fashioned as a Q&A.  One of its members posed a question that I’ve paraphrased here: Our practice is to reach out to employees on FMLA leave once a month to check in and see how they are doing.  So long as we just check in and do not discuss return to work, are allowed to do this? The organization called…