Statute
Family and Medical Leave Act
1,443 published works
Employment & Labor
The Continuing Danger of Terminating Employees on Leave: An Honest Belief That Leave is Being Misused is Not Always Enough (Richey v. Autonation, Inc.)
By: Chelcey E. Lieber Avery Richey, a sales manager at Power Toyota of Cerritos (“Toyota”), went on medical leave under the California Family Rights Act (“CFRA”) due to a back…
FMLA Insights
Facebook Pictures of Employee Socializing at Local Festival Drown Her FMLA Claims
By Jeff Nowak
Employers and fellow FMLA nerds, consider this an early holiday present: Courts are increasingly dismissing FMLA claims when they find that the employer has an honest belief that the employee…
Alabama Employment Law Report
Facebook Photos Ends FMLA Lawsuit In Favor of Employer
Facebook Photos Defeat FMLA Interference and Retaliation Claims. Sara Jaszczyszyn worked for Advantage Health Physician Network as a part-time clerical employee. During the employment process, she disclosed that she had…
Employment Law Matters
Employee’s signs of severe emotional distress and anxiety may constitute a “report” of the need for FMLA leave.
To state a claim of interference under the Family and Medical Leave Act (FMLA), an employee must show that he or she has put the employer on notice that an…
FMLA Insights
Join Me for an FMLA Webinar: “FMLA Made Easy: Effectively Managing Difficult FMLA Issues”
By Jeff Nowak
I'll admit it: I am longoverdue to host an FMLA webinar for employers. Wait no more! I have partnered with two fabulous attorneys -- Matt Morris of FMLASource and Tamika…
FMLA Insights
Hurricane Sandy and the FMLA (Part II): How Do Employers Calculate FMLA Leave When the Workplace Closes Because of the Storm?
By Jeff Nowak
Thanks for the great feedback we received on our post earlier this week about Hurricane Sandy's impact on employers when it comes to issues arising under the Family and Medical…
FMLA Insights
Hurricane Sandy and the FMLA: Are Your Employees Eligible for Leave During a Natural Disaster?
By Jeff Nowak
Our thoughts and prayers are with those on the east coast who are attempting to return to some sense of normalcy in the wake of the devastation left behind by…
Minnesota Employer
Reinstatement Following FMLA Leave
If an employee goes on a leave of absence under the Family and Medical Leave Act (FMLA), does an employer have to reinstate the employee to the exact same position…
FMLA Insights
“No Soup for You!” If An Employee Doesn’t Turn in Medical Certification, FMLA Leave is Not Protected
By Jeff Nowak
Last week, I responded to an FAQ that often arises for employers when administering the Family and Medical Leave Act: How do employers count unexcused absences when an employee does…
FMLA Insights
FMLA FAQ: How Do Employers Count Unexcused Absences When FMLA Medical Certification is Not Returned?
By Jeff Nowak
Q: We requested that an employee have his health care provider complete FMLA medical certification in conjunction with what appears to be an FMLA-related absence. The employee has been off work…