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268 Matching News Items

1.  EEOC Commissioner Gives Insight Into Handling Employee Leaves of Absence After FMLA Is Exhausted
FMLA Insights Link to more items from this source
Apr. 8, 2014
"The ADA's interactive process is critical in both timing and content. Communicate during FMLA leave...after FMLA leave ends...and at all times before and in between! ... Employers should have an 'interactive process' with supervisors, too! ... Employers can (and should) assess 'undue hardship' earlier in the process.... There are several key factors to consider when establishing that an employee's request additional leave would pose an undue hardship, and an employer should use them."
2.  Dismissal of Bully's FMLA Claim Proves Employers Can Safely Terminate an Employee on the Heels of FMLA Leave
FMLA Insights Link to more items from this source
Sept. 8, 2016
"Insights for Employers: [1] Don't shy away from terminating an employee who has recently requested or taken FMLA leave.... [2] But Don't Rush to Judgment.... [3] Similarly, don't short circuit performance improvement plans (PIPs)." [Shell v. Tyson Foods Inc., No. 15-00037 (W.D.N.C. Aug. 25, 2016)]
3.  After He Allegedly Showed Up Drunk to Practice, Should Former USC Football Coach Have Been Placed on FMLA Leave Instead of Being Terminated?
FMLA Insights Link to more items from this source
Oct. 20, 2015
"In a word, no.... Insights for Employers: Hold your employee to reasonable performance standards.... [If] an employee is not being disciplined for violating a substance abuse policy but simply advises the employer that he intends to take time off for substance abuse treatment, this is a legitimate basis for FMLA leave.... [An] employee's absence or performance issues due to his abuse of a substance is not afforded any protection under the FMLA.... Even the EEOC supports an employer's right to take action where the employee violates a workplace policy prohibiting the use of alcohol."
4.  A Cruise Aboard the Love Boat Is Not Protected by the FMLA, Even When the Doc Says It's a Good Idea
FMLA Insights Link to more items from this source
Aug. 19, 2015
"Insights for employers: ... if the employee is not incapacitated and is not seeking treatment wherever she is heading, her absences do not trigger the FMLA, and they should be treated as such.... Use the FMLA tools available to you to obtain more information about the medical condition and the certification.... Be extremely careful about contacting the employee's health care provider directly without the employee's permission."
5.  When an Employee Fails to Return FMLA Medical Certification, Can an Employer Lawfully Terminate the Employee?
FMLA Insights Link to more items from this source
Oct. 20, 2023
"If your goal is to exhaust an employee's FMLA allotment rather than issue discipline or terminate employment, then offering plenty of grace time is your game. When the employee provides certification -- whenever that is -- you simply designate all the absences as FMLA leave. The biggest issue you face is the employee who doesn't want FMLA leave to apply to his absence, so he simply refuses to provide certification, knowing that you won't discipline or terminate him for his failure to do so.... [Y]ou are not required to obtain medical certification to support the need for leave. You simply need sufficient facts to establish that the employee's leave is protected by FMLA."
6.  Can an Employee Decline FMLA Leave Simply by Checking a Box on a Form?
FMLA Insights Link to more items from this source
Sept. 28, 2015
"[A recent federal district court] decision ... gives us good insight into what we need to include in our leave request forms to insulate us from an FMLA interference claim: [1] As a general rule, employers should use a general leave of absence request form, allowing employees to specify any of the reasons for their need for leave. [2] If you ask an employee to affirmatively indicate whether they are requesting FMLA leave -- by checking a box or specifically stating so -- it is imperative that you provide enough information about what the FMLA is." [Amstutz v. Liberty Ctr. Bd. of Ed., No. 13CV2385 (N.D. Ohio Sept. 9, 2015)]
7.  Employer's Poorly Drafted FMLA Policy Allows Employee to Advance FMLA Claim (That Should Have Never Seen the Light of Day)
FMLA Insights Link to more items from this source
Jan. 28, 2015
"[The employer (the Road Commission)] maintained an FMLA policy in which 'eligibility' to take FMLA leave was satisfied if [an employee] met the first two criteria [allowed by the FMLA statute] (12 months and 1,250 hours). The Road Commission's FMLA policy made absolutely no reference to the requirement that [an employee would be eligible only if he works at a location where the employer employs at least] 50 employees [who] work within 75 miles.... Because the Road Commission left out the third prong of what the court considered an 'unambiguous and unqualified' FMLA eligibility provision, a 'reasonable person in [Terry's] position could fairly have believed that he was protected by the FMLA.' "
8.  Can an Employee Decline FMLA Leave Even though the Absence is FMLA-Eligible?
FMLA Insights Link to more items from this source
Mar. 6, 2014
"At issue in the appeal was whether an employee can affirmatively decline using FMLA leave, even though the underlying reason for leave would have been FMLA protected leave. To this question, the court answered, 'yes.' ... [T]he court focused on the FMLA regulations' expectation that the employer engage in an informal process to obtain additional information about whether the employee is seeking FMLA leave.... [T]he court's reasoning is contrary to the common understanding that employers designate an absence as FMLA leave whenever it is taken for an FMLA-qualifying reason, regardless of what the employee might want.... [T]he regulation states that the employer designates once it knows the absence is for an FMLA-qualifying reason." [Escriba v. Foster Poultry Farms, Inc., No. 11-17608 (9th Cir. Feb. 25, 2014)]
9.  DOL's New Employee Guide to the FMLA Issued: What's the Impact on Employers?
FMLA Insights Link to more items from this source
June 29, 2012
"[T]he U.S. Department of Labor issued a 16-page FMLA guide that the DOL says is 'designed to answer common FMLA questions and clarify who can take FMLA leave and what protections the FMLA provides.' Entitled 'Need Time? The Employee's Guide to the Family and Medical Leave Act,' the Guide apparently was created out of DOL's belief that 'too many workers don't know about their rights under the FMLA and fail to take advantage of its protections' ... [T]he Guide primarily is meant to answer 'common' questions about the FMLA, so it leaves unanswered all of the issues that continue to frustrate employers in their administration of the FMLA. However,... in a fairly plain-spoken manner, it impresses upon employees the obligations they have under the FMLA to cooperate with their employer when they need FMLA leave and what will be expected of them during this process."
10.  FMLA Leave: Who Decides -- Employer or Employee?
FMLA Insights Link to more items from this source
May 30, 2012
"[The] DOL specifically states that... 'the employee does not need to specifically assert his or her rights under FMLA, or even mention FMLA.' ... the employee need only provide 'sufficient information' to make the employer aware of the possible need for FMLA leave.... The employer's obligations under the FMLA are clear: once it has enough information to determine whether the leave is being taken for an FMLA-qualifying reason, the employer must notify the employee as to whether the leave will be designated and counted as FMLA leave. In other words, the employer has an obligation to designate leave as FMLA-qualifying as soon as the absence becomes an FMLA-qualifying event."
11.  When You Send Your Employees to Work Abroad, Do They Lose the Right to Take FMLA Leave?
FMLA Insights Link to more items from this source
Sept. 20, 2023
"[As] long as the employee still remains employed within the United States, the employee has the right to take FMLA leave to travel abroad and care for a family member (child, spouse, parent).... A plain reading of the regulation ... tells us that an employee loses FMLA protection when they are employed 'outside' the United States.... But what about the employee who is assigned to work abroad on a short-term basis and reports at all times back to the United States?"
12.  DOL Opinion Letter Sheds Light on Calculating FMLA Leave During a Holiday Week
FMLA Insights Link to more items from this source
June 2, 2023
"In a highly technical opinion letter ... the [DOL] clarified how to calculate FMLA leave usage when an employee takes intermittent leave during a holiday week.... [It is] critical to understand that the term 'workweek,' as defined under the FMLA, is the employee's normal schedule (hours/days per week) prior to the start of FMLA leave. "
13.  What Can a Baseball Road Trip Teach Us About Bugging an Employee Who Is on FMLA Leave?
FMLA Insights Link to more items from this source
Aug. 30, 2022
"[T]here is no right under the FMLA 'to be left alone' or be allowed to skirt the employer's 'discrete inquiries.' But if looks like work, it's gonna be work, and an employee shouldn't be doing substantive work while on FMLA leave.... [T]here is a growing body of FMLA cases dealing with situations where the employee allegedly performed work while on FMLA leave. Here are a few to keep in mind."
14.  What Can Baseball Teach Us About the FMLA?
FMLA Insights Link to more items from this source
Apr. 14, 2022
"When it comes to the FMLA, don't be the [employer] who: [1] Fails to identify an employee's need for leave.... [2] Reacts inappropriately to an employee's request for FMLA leave.... ][3] Badgers employees during their FMLA leave.... [4] Blabs about an employee's medical condition to others ... [5] Don't automatically terminate employment after FMLA leave ends! ... [6] When you terminate your employee (for unexcused absences), think long and hard before you contest their unemployment compensation."
15.  DOL Announces Ramped-Up FMLA Audits for Employers in Select Industries
FMLA Insights Link to more items from this source
Feb. 23, 2022
"The DOL is back at the FMLA audit game, so all of us are wise to prepare for the inevitable.... [M]ake an FMLA self-audit a priority ... [and] focus on the following: [1] Conduct a thorough review of your FMLA policy.... [2] Adhere to the Employer Posting Requirements.... [3] Ensure your FMLA forms are legally compliant.... [4] Prepare legally compliant FMLA correspondence.... [5] Conduct a comprehensive audit of your FMLA practices and procedures.... [6] Clean up your recordkeeping now.... [7] Train your employees!"
16.  When an Employee Takes FMLA Leave During a Holiday Week, How Much FMLA Leave Is Actually Taken?
FMLA Insights Link to more items from this source
Sept. 1, 2021
"First, it's critical to understand that the term 'workweek,' as defined under the FMLA, is the employee's normal schedule (hours/days per week) prior to the start of FMLA leave.... Second, we apply this normal workweek when calculating how much the FMLA leave the employee has used during the holiday week.... In other words, when making the FMLA calculation, we do not back out the Labor Day holiday from our normal workweek."
17.  When Your Employee Calls Off Sick with 'Flare-Ups,' Is This Sufficient Notice of the Need for FMLA Leave?
FMLA Insights Link to more items from this source
July 29, 2021
"Using a term like 'flare-up,' which is not tied to any particular medical condition, fails to put an employer on notice of the need for FMLA leave. In this case, the denial of FMLA clearly is defensible.... If Ed had reported that he was having flare ups 'due to his depression,' or that he 'needed to take FMLA' because of his medical condition, this might very well be a different kind of case. These nuances can make or break your FMLA case." [Render v. FCA, No. 19-12984 (E.D. Mich. Jul. 19, 2021)]
18.  When Does an Employee Recoup FMLA Leave in a New FMLA Year?
FMLA Insights Link to more items from this source
May 14, 2021
"When tackling this issue, we first must confirm which of the four 12-month FMLA periods the employer is using ... If we first look to the FMLA regulations, we'll find this is one of the few instances in the world of FMLA where the rules actually lead us to a clear cut answer[.]"
19.  Navigating Difficult FMLA and ADA Issues in the Middle of a Pandemic (PDF)
FMLA Insights Link to more items from this source
Dec. 15, 2020
50 presentation slides. Topics: [1] Does a positive COVID-19 test = FMLA leave? [2] Generalized fear = FMLA leave? [3] Underlying health conditions during pandemic: do they trigger FMLA leave? What are the ADA Implications? [4] "Caring for" a high-risk family member = FMLA leave? [6] Is physical presence at work critical anymore? Handling work-from-home requests during the pandemic.
20.  DOL Issues New FMLA Notices and Forms, Seeks Input on Potential Changes to FMLA Regulations
FMLA Insights Link to more items from this source
July 17, 2020
"These new model documents tend to tweak the old forms around the edges, and as a result, they're more likely to elicit a shrug of the shoulders than a high five.... Along with its new notice and forms, the DOL also published a 'request for information' asking employers and employees for their feedback on potential changes to the FMLA regulations. Initially, the DOL generally asked what employees and employers 'like to see changed in the FMLA regulations' to better put into effect everyone's rights and obligations under the FMLA? But then DOL drilled down further."
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