Statute
Family and Medical Leave Act
1,443 published works
Employment Law Matters
Taking FMLA leave does not affect employee’s obligations under non-FMLA attendance policies.
Employment termination during an employee’s leave under the Family and Medical Leave Act (FMLA) may constitute “interference” with that leave. However, an employer typically does not violate the FMLA if…
Employer Law Report
Sixth Circuit Rejects FMLA Retaliation Claim Based On Employer’s Honest Belief That Employee Had Committed Fraud
By Brian Hall
Employers often defend against discrimination and retaliation claims by arguing that courts should not act like super human resources managers who second guess their employment decisions. A panel of the…
GT L&E Blog
Consider FMLA Implications When Disciplining an Employee for Unauthorized Absences
A recent Middle District of Florida decision highlights the need for employers to consider implications under the Family and Medical Leave Act (FMLA) when disciplining an employee for unauthorized or…
BeLabor the Point
DOL Issues New FMLA Forms Only Changing Expiration Date
The new Family Medical Leave Act (“FMLA”) forms issued by the Department of Labor (“DOL”) have one change: the expiration date is now February 28, 2015. The forms can be…
Employment Discrimination Report
ADA? and FMLA? and Workers’ Compensation? – Oh, My!
For the title of this blog I've taken some liberties with the original dialog from the Wizard of Oz (for the actual dialog click here). If, when you hear these words,…
Employer Law Report
Supreme Court Says States Can’t Be Sued Over FMLA “Self-Care” Provision
On March 20, 2012, in a 5-4 decision, the Supreme Court of the United States ruled that states cannot be sued for denying workers sick leave under the FMLA.
Employer Law Report
One Week Left to Comment on Proposed Regulations to the FMLA
The Department of Labor ("DOL") published proposed regulations to the Family and Medical Leave Act ("FMLA") on February 15, 2012, and the deadline for public comments has been extended through…
Benefit Notes
After 20 Years the IRS Issues COBRA Examination Guidelines
In 1993, the IRS assembled a task force to develop guidelines for field agents to conduct COBRA examinations and compliance checks. However, these guidelines were not released to the…
Disability, Leave & Health Management Blog
Hunter Tracked Into Woods; FMLA Claim Survives
A man walks into the woods with a gun and sits in a comfortable chair already set up in a blind. An hour earlier that Monday, 2 ½ hours into…
Labor & Employment Report
FMLA Fraud Investigations: Employers Must Be Careful
By Fiona W. Ong
Here are the facts: An employer suspected an employee of fraudulent misuse of FMLA leave. It hired a private investigator to watch the employee over a six-day period when the employee was taking FMLA…