“He filled out the doctor’s section himself.” Sounds like fraud, right? Maybe. But if you fire someone on that hunch without following the FMLA’s rules, you could be the one in legal trouble. TL;DR A federal court refused to dismiss a lawsuit brought by a former employee who claimed he…
She left work early during her pregnancy—with her supervisor’s okay. Seven years later, the court said she may have had every legal right to do so. TL;DR: The Seventh Circuit revived an FMLA interference claim brought by a former state employee who was fired after using the wrong type of…
On Monday, June 2, the U.S. Department of Labor (DOL) announced the relaunch and expansion of its opinion letter program. This move reinstates a valuable compliance tool for employers, particularly those navigating complex wage-and-hour for Family and Medical Leave Act regulations. TL;DR: The DOL has revived and broadened its opinion…
If two employees are married and work for the same company, the Family and Medical Leave Act (FMLA) lets their employer cap their combined leave at 12 weeks. A new bill in Congress proposes to eliminate that restriction. TL;DR: A bipartisan bill introduced in the U.S. House—called the FAIR…
A pair of lawmakers from opposite sides of the aisle just dropped one of the most ambitious paid leave proposals in years. It won’t create a national mandate—but it could reshape the paid leave landscape for employers across the country. TL;DR: A new bipartisan bill—the More Paid Leave for More…
When employees stretch their FMLA leave beyond what’s certified, courts look closely at how employers respond. A recent case shows how solid documentation and a clear-eyed review of the facts can support a defensible termination. TL;DR: An employee claimed FMLA interference and retaliation (plus a bunch of other discrimination claims)…
A recent court decision serves as a stark reminder for employers: When employees take Family and Medical Leave Act (FMLA) leave, they should not be pressured to work or penalized for their absence. What Happened? An employee suffered a stroke and requested FMLA leave, which was later approved retroactively. During her…
Suppose an employer learns that an employee who claimed a serious health condition under the Family and Medical Leave Act (FMLA) faked his injury to take time off for personal business. What steps can the employer take without violating the FMLA? I read a Ninth Circuit decision last night that…
This week, the U.S. Department of Labor’s Wage and Hour Division issued an opinion about substituting paid leave under the Family and Medical Leave Act (FMLA) when employees take leave under state-paid family leave programs. I’ll break it down for you. Substitution of Paid Leave Generally. The FMLA allows employees…
The facts from a recent Sixth Circuit decision are WILD! A finance manager at a luxury car dealership requested FMLA leave to care for her terminally ill sister, who was battling non-Hodgkin lymphoma. The employer denied her request, asserting that the FMLA did not cover leave to care for an…