Statute
Family and Medical Leave Act
1,443 published works
Disability, Leave & Health Management Blog
FMLA Leave Not a Bridge to European Vacation
On October 31, 2016, the Fourth Circuit Court of Appeals issued a decision that confirmed an employer’s right to take adverse employment action against an employee who fraudulently uses FMLA…
Michigan Employment Law Advisor
Labor Department Seeks Information From Employers and Employees About FMLA
By Jason Shinn
On October 28, 2016, the Department of Labor (DOL) gave notice that it is seeking comments from employers and employees about the Family and Medical Leave Act (FMLA). The notice…
Disability, Leave & Health Management Blog
Be Wary of Potential FMLA Violation before Terminating an Employee for Failure to Meet Performance Standards During Intermittent Leave
It is well established that the FMLA does not require an employer to reduce its performance expectations for an employee who is taking leave intermittently or on a reduced schedule. …
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. Over the upcoming months, we are going to highlight some of…
FMLA Insights
Join Me for a Free Webinar: “FMLA Abuse Got You Down? Best Practices for Using FMLA Medical Certification as a Tool to Deter FMLA Misuse”
By Jeff Nowak
When: Tuesday, November 15, 2016 (12:00 – 1:15 p.m. central time) FMLA Medical certification can be the most effective tool to help employers confirm an employee's medical condition and their…
The EPL Advisor
Failure to Provide Documentation, Misconduct, Defeats FMLA Retaliation Claim in the Process
The U.S. District Court for the Southern District of New York recently granted an employer’s motion for summary judgment dismissing wrongful termination claims. Cruz v. Wyckoff Heights Med. Ctr., No.…
HR Defense
Refereeing FMLA Leave: When Making The Call To An Employee On FMLA Leave Is Out Of Bounds
Can I call an employee to answer a work-related question while he is out on FMLA leave recovering from surgery? If he wants to join a conference call, can I…
Texas Employment Lawyer
An employee being seven months into her pregnancy, coupled with her supervisor’s awareness of her pregnancy and consequent FMLA leave request, is enough to raise a genuine dispute of material fact whether she was terminated because of the leave request.
“The Defendants also claims [sic] that the Plaintiff could not satisfy the third prong of the prima facie case [for FMLA retaliation] and could not establish a causal connection that…
FMLA Insights
When Employers Don’t Recognize an Employee’s Notice of the Need for FMLA Leave, They Pay the Price
By Jeff Nowak
As employers, we face a sobering reality: at every turn, the FMLA sets us up to fail. Whether it's deciphering medical certification, assessing fitness for duty upon return to work,…
FMLA Insights
Can Hillary Clinton Take FMLA Leave for Pneumonia? And Can Her Campaign Give Her the Boot Because She’s a Key Employee?
By Jeff Nowak
Disclaimer! Disclaimer! This is not a political post. This is meant to be good, clean fun. But where current events meet the FMLA, I'm as giddy as a five-year old boy…