Statute
Family and Medical Leave Act
1,443 published works
Disability, Leave & Health Management Blog
Flesh Eating Bacteria Ate My Homework
If you’re like most folks, you’ve been wondering “when am I going to see a story mentioning both flesh eating bacteria and reasonable accommodation.” Wonder no more. Gary Brunckhorst worked…
Iowa Employment Law Blog
Eighth Circuit Case Provides Guidance on How to Handle the Vexing Problem of Extended Medical Leave as a Reasonable Accommodation
How much extra leave is reasonable for an employee who has exhausted FMLA but is not yet capable of returning to work? Does an employer have to keep the absent…
Disability, Leave & Health Management Blog
What Did She Say? Dispute Over Content of Voicemails Requires Jury Trial on FMLA Claims
An employee seeking the protection of FMLA leave must give adequate and timely notice of the need for leave. In situations where the leave is due to a qualifying reason…
In The Weeds
Reminder: “Self-Prescribed” Marijuana is not “Legal” in Medical Marijuana States
A recent case out of Pennsylvania serves as a good reminder that even in states where medical marijuana is legal, individuals cannot "self-prescribe" and then seek to claim protections that…
Ohio Employer Law Blog
Employees on medical leave aren’t bulletproof, but still handle with care
One of the questions that clients ask me most often is, "________ is out on a medical / pregnancy leave (or just returned); can we fire him/her?"My response, always: "Why?"There…
Ohio Employer Law Blog
Employees on medical leave aren’t bulletproof, but still handle with care
One of the questions that clients ask me most often is, "________ is out on a medical / pregnancy leave (or just returned); can we fire him/her?"My response, always: "Why?"There…
Employer Law Report
Court orders plaintiff in FMLA lawsuit to produce private social media content in discovery
By Brian Hall
In many employment cases, the parties engage in a battle over content in the plaintiff’s private social media accounts. The recent decision from the U.S. District Court in Eastern District…
Disability, Leave & Health Management Blog
How the Government Shutdown Impacts Employee Leave Requests
As of midnight December 21, 2018, 380,000 federal employees were placed on furlough. An additional 420,000 are considered “excepted” and have continued working without pay. Federal employers and employees should…
Labor & Employment Report
Leaving Work Early Due to Fear of Rush-Hour Traffic Is Not a Reasonable Accommodation
An employee requested that she be permitted to leave work early every day due to her anxiety triggered by driving home in heavy traffic (those of us in major metropolitan…
The EPL Advisor
Employer’s Misleading Statements Allow FMLA Claim to Survive Motion to Dismiss
The U.S. District Court in Wisconsin recently held in Reif v. Assisted Living by Hillcrest LLC d/b/a Brillion West Haven, that misleading statements by an employer regarding the Family and…