Statute
Family and Medical Leave Act
1,443 published works
FMLA Insights
Is Time Spent Filling Your Prescription at Walgreens Covered by FMLA?
By Jeff Nowak
Take Bob. He is a machine operator. Bob suffers from back and leg pain as well as bouts of anxiety. As a result, he typically visits with his physician every couple of…
Employment & Labor
FAQ: What Should An Employer Do When an Employee on FMLA Leave Says They Will Not be Returning to Work?
By: Chelcey E. Lieber Question: An employee is out on FMLA leave to care for her newborn baby. Before her leave ends, she notifies her employer that she actually does…
FMLA Insights
DOL to Host a Complimentary Webinar Tomorrow to Discuss Basics of FMLA
By Jeff Nowak
On Wednesday, June 27 (tomorrow!), the Department of Labor will host a complimentary webinar to assist employers and employees in better understanding the Family and Medical Leave Act. According to…
FMLA Insights
FMLA FAQ: When Employee on FMLA Leave Indicates They Will Not Return From FMLA Leave, What Should an Employer Do?
By Jeff Nowak
Here's a question from the client inquiry line this past week, and it pops up often enough that I figured I would share: Q: An employee on maternity leave contacted…
FMLA Insights
It’s a Fact: Employers Often Can Designate FMLA Leave in Longer Increments Than the Actual Leave Taken
By Jeff Nowak
In a recent post, I discussed an employer's obligation to designate leave under the Family and Medical Leave Act even though the employee did not want it to be classified as…
Minnesota Employer
The Importance of an FMLA Intake Checklist
By Neal Buethe
The federal Family and Medical Leave Act (FMLA) has been a part of the employment law world for almost 20 years. Nevertheless, it remains often an intrinsically difficult law to…
HR Law Talk
Termination Notice Referring to Disability Considered Direct Evidence of Discrimination
A Tennessee federal judge recently ruled that a termination notice referring to an employee’s "long-term disability" was direct evidence of discrimination and retaliation. The Court granted the employee judgment as…
FMLA Insights
FMLA FAQ: Must an Employer Designate FMLA Leave When the Employee Does Not Want to Use FMLA Leave, or When the Employee Fails to Mention FMLA?
By Jeff Nowak
Q: One of our employees will be absent for a serious health condition. However, the employee prefers to use his accrued sick days instead of FMLA leave. He has enough…
FMLA Insights
Two Medical Conditions Can Equal One FMLA Serious Health Condition
By Jeff Nowak
Employers beware: Just when an employee gives you the left jab, look for the right hook. The combination of the two, as far as the Family and Medical Leave Act is…
Employment Law Matters
Company’s wording of termination letter, which mentioned employee’s disability leave, was direct evidence of discrimination.
“Direct evidence” is evidence that, if believed, leads to the conclusion that discrimination was at least one motivating factor in an adverse employment action. An employer’s termination letter, stating that…