Statute
Family and Medical Leave Act
1,443 published works
Hiring To Firing Law Blog
Interplay of FMLA and ADA Precludes Employers from Automatically Terminating Employees at End of FMLA Leave
By Renee Manson
Q: Can my company fire an employee once the person has exhausted his or her FMLA leave entitlement? A: Many employers are surprised to learn that they may not necessarily…
California Employment Law
Workers’ Compensation, ADA/FEHA and FMLA/CFRA Oh My!
By Nancy Yaffe
One issue that consistently trips up employers is the interplay of laws for an employee with work-related medical issues. This is sometimes referred to as the Bermuda Triangle of workers’…
Disability, Leave & Health Management Blog
What Am I Doing Wrong?? Common FMLA Mistakes
By Sheri L. Giger, Jenna M. Decker
“What did I do wrong?” and “Am I doing this correctly?” are frequent questions from clients regarding FMLA administration. This is the twelfth in a series highlighting some of the…
FMLA Insights
Complying with the FMLA and ADA When Your Employee is Dealing with a Mental Health Condition: A Recap of our Webinar
By Jeff Nowak
Thanks to those who attended my webinar last week with Matt Morris on “Complying with the FMLA and ADA When Your Employee is Dealing with a Mental Health Condition.” A link to…
FMLA Insights
FMLA FAQ: If an Employee Racks Up Both FMLA and Unexcused Absences, Can He Be Terminated?
By Jeff Nowak
Here's a puzzle for you. How would you handle it? Mary Beth is a nurse for a local hospital and has been diagnosed with cancer and asthma. Over the course…
The Labor Dish
When Is Enough Leave . . . Enough: Revisited
By DLA Piper
The Labor Dish tackled leave as a reasonable accommodation in 2015 (When Is Enough Leave Enough). Based upon the law at that time, our post suggested that less than 6…
California Employment Law
New California Employment Laws – 2018
It's time once again for the annual roundup of new California employment laws. Since we’ve discussed many of these laws when they were enacted, I’m including links to those earlier discussions. Stop…
The EPL Advisor
Seventh Circuit: Multi-Month Leave of Absence Not a Reasonable Accommodation under the ADA
Determining how long an employer must hold a position for an absent worker is a question that vexes Human resources Directors and Operations management. The Seventh Circuit recently ruled, in…
All in a Day's Work: The Employer's Legal Guide
Beware of FMLA Return-From-Leave Pitfalls
By Paul Skelly, Amy Folsom Kett
Employers generally assume, correctly, that an employee who fails to report for duty at the end of an FMLA leave with a specified end date can be terminated. But it…
Disability, Leave & Health Management Blog
Timing Is Everything: FMLA Claim Survives Summary Judgment Where Employer Began Auditing Employee’s Records The Day After FMLA Leave Request
Employees requesting, currently taking, or just returning from leave under the Family and Medical Leave Act (“FMLA”) can be terminated for legitimate reasons that are unrelated to their FMLA leave.…