Statute
Family and Medical Leave Act
1,443 published works
Southwest Florida Business and IP Blog
Employment Law IQ: Child Birth, Adoption and FMLA Leave
Consider this scenario: Valerie has worked full time for a local hospital since December 2012. In January 2014, Valerie takes six weeks FMLA leave following the birth of her baby.…
FMLA Insights
Employer’s Improper and Untimely FMLA Notices Didn’t Harm Employee, So No FMLA Violation
By Jeff Nowak
Here's a shout out to all you employers out there who forget to send your employees the proper FMLA notices when they seek leave for a reason covered by the…
World of Employment
Court Rules That Telecommuting May Be a Reasonable Accommodation Under the ADA
The Sixth Circuit recently held in EEOC v. Ford Motor Co. that regular attendance may not mean physical presence in the workplace, and that telecommuting may be a reasonable accommodation…
Texas Employment Lawyer
Supervisor’s email questioning plaintiff’s FMLA leave a day before a co-worker claims the plaintiff would fake a medical condition, followed by plaintiff’s termination a week later raises fact issues as to employer’s motives.
“Here, Ion has offered an e-mail written by General Manager Melcher, in which Melcher references Ion’s attempt to exercise his FMLA rights and asks Ion’s supervisor, Ogborn, for ‘options.’ The…
Connecticut Employment Law Blog
No Good Deed Goes Unpunished: The Fallout From Allowing Excessive Absences
Today my colleague Chris Engler returns with a post that tackles a recent case that explores what should happen when an employee has exhausted her FMLA leave. Case closed? Well,…
Texas Employment Lawyer
Email from supervisor about employee playing games with FMLA leave is evidence that FMLA leave was factor in termination.
“Drawing all reasonable inferences in favor of Ion, this e-mail serves as evidence that General Manager Chris Melcher was upset that Ion was seeking FMLA-qualified time off. Further, a jury…
FMLA Insights
New DOL FMLA Branch Chief: Expect Even More On-Site FMLA Investigations and Focus on Systemic FMLA Compliance Issues
By Jeff Nowak
This past December, the Department of Labor quietly turned its FMLA enforcement over to a new leader. After the retirement of FMLA Branch Chief Diane Dawson, who led the DOL's…
Employer Law Report
Sixth Circuit reverses course and holds that telecommuting may be a reasonable accommodation
Courts in the past, including in the Sixth Circuit (which includes Ohio), have held that telecommuting is not required as a reasonable accommodation because regular attendance at work on a…
Texas Employment Lawyer
Statement in termination letter about not returning to work creates fact issue as to whether FMLA absence was a factor in termination.
RULE: Statement in termination letter about not returning to work creates fact issue as to whether FMLA absence was a factor in termination. “Second, Ion argues that Ogborn's statement in…
FMLA Insights
FMLA FAQ: Can an Employer Force an Employee on FMLA Leave When the Employee Wants to Continue to Work?
By Jeff Nowak
Q: This week, one of our employees professed her love to one of her co-workers (who is married) and announced to everyone that they had been dating. The problem is…