Statute
Family and Medical Leave Act
1,443 published works
FMLA Insights
FMLA FAQ: Can an Employer Credit Pre-FMLA Leave Against an Employee’s FMLA Entitlement When the Employee Becomes Eligible?
By Jeff Nowak
Q. We provide our employees “non-FMLA” leave after they have worked for us for six months. They are given up to six weeks off during that time if it can be certified…
San Antonio Employment Law Blog
A Family Member Must be in Close Proximity under the FMLA
The Family Medical Leave Act provides that an employee can take time off from work to care for a family member. But, "caring" for a family member means the employee…
Texas Employment Law Update
A Most Ridiculous Employment Regulation
@RussellCawyer FMLA "Family and Medical Leave Act"
Texas Employment Law Update
FMLA Doesn’t Always Require Reinstatement to an Equivalent Position
While the FMLA normally requires an eligible employee be reinstated to an equivalent position at the end of his FMLA leave, the employee has no greater right to reinstatement than if the employee…
FMLA Insights
Failing to Return Employee’s Phone Calls May Be FMLA Retaliation
By Jeff Nowak
During a webinar I conducted last month with the EEOC's John Hendrickson regarding "leave" as a reasonable accommodation under the ADA, I pleaded with, begged, and cajoled employers to maintain regular…
FMLA Insights
FMLA FAQ: How Many Intermittent FMLA Leave Hours is an FLSA-Exempt Employee Entitled To?
By Jeff Nowak
Q. We employ an FLSA-exempt employee who has been certified for intermittent FMLA leave for migraine headaches. He averages two to three intermittent absences per month. Normally, I would calculate the…
FMLA Insights
Employer Best Practices: “Leave” as a Reasonable Accommodation Under the ADA
By Jeff Nowak
Thanks to those who attended my webinar last week with EEOC Regional Attorney John Hendrickson on "Examining the Use of 'Leave' as a Reasonable Accommodation Under the ADA." As the…
Disability, Leave & Health Management Blog
Who Cares, Where? Being There Required for FMLA “Caring For” Claim
Recall our recent posts about an employee who took the day off to clean his mother’s flooded basement and argued his absence was protected under the FMLA because he was…
California Employment Law Update
Employer Did Not Violate CFRA by Transferring Employee upon Her Return from 19-Week Stress Leave
By Tony Oncidi
Rogers v. County of Los Angeles, 198 Cal. App. 4th 480 (2011) After 19 weeks of medical leave, Katrina L. Rogers returned to her job as the personnel officer in…
FMLA Insights
Employee Who Abused FMLA Leave Around the Holidays Properly Terminated
By Jeff Nowak
Employers often complain that they see an uptick in the use of sick leave and FMLA leave around the holidays. In the case of Southwest Airlines, however, one employee clearly…