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Articles Posted in Family and Medical Leave

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Here’s a sneak preview of the outtakes from my ADA/FMLA MEGA session at SHRM19 in Las Vegas

Image Credit: PhotoFunia.com (http://photofunia.com/results/5d0b63b54686797e398b4569) FOMO or Fear of Missing Out. According to Google, FOMO is “anxiety that an exciting or interesting event may currently be happening elsewhere, often aroused by posts seen on a social media website.” What I’m about to show you are the slides that were not good…

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You can’t fire an employee while on FMLA leave. Except when you can.

Image Credit: Pixabay.com Yesterday, I was reading this case about a woman who was fired while taking leave under the Family and Medical Leave Act. She later sued, claiming FMLA interference; i.e., that her employer had denied her FMLA benefits to which she was otherwise entitled. An employee fired while…

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You just approved FMLA leave for an ineligible employee. What now?

Image Credit: Pixabay.com (https://pixabay.com/illustrations/oops-reminder-post-note-sticker-1432954/) You just approved leave under the Family and Medical Leave Act for your employee so that she can attend to her sick mother who is in the emergency room at the hospital. You used the Notice of Eligibility and Rights & Responsibilities — good for you…

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U.S. Department of Labor flips the bird for FMLA-eligible employees who then try to decline FMLA leave

jlastras [CC BY-SA 2.0], via Wikimedia CommonsWell, not literally. But, bear with me, and it’ll all make sense in a minute. Can an employee decline FMLA leave? The Family and Medical Leave Act entitles eligible employees to take 12 weeks of job-protected leave in 12 months. Maybe, you’ve heard of it.…

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On the heels of its $15/hr. minimum wage hike, the hits keep coming in NJ. This time, it’s family medical leave.

Image Credit: Pixabay.com (https://pixabay.com/en/cheering-happy-jumping-people-297419/) We get it, New Jersey, you’re the most progressive. Like, “Hold my drink, Bernie Sanders” progressive. On Tuesday, New Jersey Governor Phil Murphy (D) announced that he had signed into law a sweeping expansion to the state’s paid family leave program. Here are some more details from…

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The Human Resources FMLA (and other questionable absences) Cheat Sheet for post-Super Bowl Monday

Teo’s89 [CC BY-SA 4.0], from Wikimedia CommonsIn between placing prop bets on the Super Bowl  LIII Halftime Show (courtesy of SportsInteraction) — for entertainment purposes only, of course — I read on the AP News wire, “Super Bowl Fever May Sideline Record 17.2 Million Workers on Monday.” Are you ready for…

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When can you fire the employee who just complained about discrimination or took FMLA leave?

Sarah Klockars-Clauser [CC BY-SA 2.0]Oh, I get it. You just clicked on this post for a friend. Well, on the one hand, I should thank you for your interest in this blog post. On the other, now I have to order a new fleet of computer servers since you’ve crashed…

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Imagine your employee signing a release and then suing you. That would stink, wouldn’t it?

Image Credit: Pixabay.com (https://pixabay.com/en/oil-price-gas-station-news-fuel-990357/) Wait. Could the really happen? Oh, I read a federal court opinion last night where it’s happening right now. And I’ve got the details for you. But, first, let’s remember that what I’m about to share with you are facts pled in a complaint, and there…

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FMLA and attendance awards, how does that work?

Photo By: AR Division, ARH Branch, ARHM Section (https://www.hqmc.marines.mil/Photos/igphoto/202494/) So, glad you asked. I think I can help. This is from the U.S. Department of Labor, which is the federal agency that enforces the Family and Medical Leave Act: An employer may deny a bonus that is based upon achieving…