Statute
Family and Medical Leave Act
1,443 published works
Disability, Leave & Health Management Blog
Is it a New Leave Year?
As the clock struck midnight on December 31, 2016, employees across the United States were celebrating. While most were celebrating the coming of the New Year (or perhaps, more likely,…
The EPL Advisor
Employee’s ADA and FMLA Claims Survive Summary Judgment After Leaving Work Early To Go To Hospital
In Knight v. Barry Callebaut USA Service Company, Inc., the United States District Court of the Eastern District of Pennsylvania denied an employer’s motion for summary judgment on claims brought…
Employment Law Matters
Employee exceeding 12 weeks of FMLA leave loses right to job restoration.
According to a federal judge in Pennsylvania, employees are not entitled to the job restoration protections of the FMLA after the statutory leave has expired, even where the employee has…
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 fourth in a monthly series highlighting some…
Disability, Leave & Health Management Blog
Does Calling Someone an “Injury Compensation Specialist” Prove FMLA Retaliation?
Perhaps not, according to the First Circuit Court of Appeals. Not all retaliation is the same, the court reminds us in its December 14, 2016 decision in Chase v. U.S. Postal Service.…
FMLA Insights
Should Employers Make Paid Parental Leave a Basic Employee Benefit? Considerations for Drafting a Parental Leave Policy
By Jeff Nowak
Netflix. Google. Proctor & Gamble. Accenture. IKEA. Greensboro, North Carolina. What do these have in common? They are employers. And they offer their employees paid parental leave. As I reflect…
Disability, Leave & Health Management Blog
Is Santa Claus a Key Employee?
At North Pole Enterprises, the company’s entire existence is dependent upon a single delivery on the night of December 24. On December 23, Santa Claus, the only licensed delivery driver…
Disability, Leave & Health Management Blog
What Am I Doing Wrong? Common FMLA Mistakes.
What did I do wrong?” and “Am I doing this correctly?” are frequent questions from clients regarding FMLA administration. This is the third in a monthly series highlighting some of…
Restrictive Covenant Report
Federal District Court In Missouri Raises Doubts Concerning Whether At-Will Employment Is Consideration For A Non-Compete Agreement
The United States District Court for the Eastern District of Missouri, in Durrell v. Tech Electronics, Inc., 4:16-CV-01367 (E.D. Mo. Nov. 15, 2016), held that an at-will employee’s non-compete agreement…
FMLA Insights
Can an Employer Require That an Employee Submit FMLA Certification from a Specialist to Support the Need for FMLA Leave?
By Jeff Nowak
When it comes to FMLA medical certification, my clients have many complaints. One beef, in particular, is vague medical information they receive on a certification completed by the employee's primary care…