FMLA
FMLA certification: 3 ways doctors can be your best friend
When employers have issues with FMLA certifications it can make leave administration a true nightmare. But one of the best solutions to the problem often gets overlooked by employers. That solution: Going right to the doctor for help. That’s what employment law attorney Jeff Nowak did. Nowak, the author of the FMLA Insights blog (FmlaInsights.com),…
FMLA for expectant fathers: When leave does – and doesn’t – apply
Most HR pros have seen their fair share of tricky FMLA scenarios. For example, when are expectant fathers entitled to FMLA leave? And what exactly are they entitled to? Here’s what you need to know about the FMLA leave for new dads and soon-to-be dads. A new court ruling in Florida provides insight. New hire’s…
FMLA rules put HR pros to the test: 5 pitfalls to avoid
When it comes to laws that require HR pros to put on their thinking caps and really think things through, the federal Family and Medical Leave Act is near the top of the list. From eligibility issues to how to calculate leave to pay-related questions, the issues that can come up really run the gamut….
Here’s an important FMLA rule you might not know about
The basic premise of the FMLA is pretty straightforward: Eligible employees are entitled to take job-protected leave for specified family and medical reasons. But as HR pros know, the law has produced some tricky issues – and includes some rules that are not always readily apparent. Time for a quick FMLA quiz Here’s a pop…
Is remote work a reasonable accommodation? 3 best practices
This case shows just how tricky things can get when the ADA and FMLA overlap. Here, an employee exhausted her FMLA leave and then sought an accommodation: remote work. When the company — a law firm — denied her request to work from home, the employee didn’t return to the office. Instead, she sued, alleging…
Mixed signals: Court says this was not a valid request for FMLA leave
Do you know the duck test? If it walks like a duck, quacks like a duck and looks like a duck, it’s a duck. In Blake v. City of Montgomery, a firefighter-paramedic argued he didn’t resign. He said he asked for a Family and Medical Leave Act (FMLA) leave. But the Eleventh Circuit found his…
Not an FMLA violation: Worker’s job eliminated while out on leave
When an employee’s out on FMLA leave, and their job gets eliminated during a company restructuring, do you have to hire them back? The 2nd Circuit addressed this in a recent court ruling. Top 10% Steven Barger worked for First Data Corp. in New York City when he needed to take FMLA leave. While Barger…
Paternity leave mistake: DOL recovers $67K for new dad
A national company will pay more than $67,000 after making a paternity leave mistake that looked a lot like retaliation to the DOL’s Wage and Hour Division (WHD). First things first: Under the Family and Medical Leave Act (FMLA), both mothers and fathers have a federal legal right to take leave within the first year…
Policy mistake — how ‘bending the rules’ hurt this company in court
The Fourth Circuit gave a fired employee a second chance to prove his FMLA interference case. The problem? A supervisor bent the rules – so the company’s policy didn’t hold up in court. Company policy in the spotlight Gestamp is an auto-parts manufacturer in West Virginia. Its written policy requires employees who will be late…
Pop quiz: How would you count this FMLA leave?
Pop quiz: An employee takes FMLA leave for less than a full week – and that week includes a holiday. How do you calculate the amount of FMLA leave used? Are you stumped? You’re not alone. But lucky for you, the Department of Labor recently issued an opinion letter that answers the question. Before we…
She didn’t prove entitlement to FMLA leave – but can still sue for retaliation
The breadth of the FMLA’s ban on unlawful retaliation is demonstrated by a recent federal appeals court ruling. In the ruling, the court said a former employee can proceed with her retaliation claim under the statute even though she did not establish that she was entitled to take FMLA leave. The case involves Polina Milman,…
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