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Articles Posted in Family and Medical Leave

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The FMLA does not protect employees from termination for unrelated reasons (like performance)

Blink twice if you know (or at least suspect) a poor-performing employee who complained about discrimination or sought leave under the Family and Medical Leave Act to insulate herself from discipline at work. I’m not saying that’s what the plaintiff did in this recent Eighth Circuit decision. But then again,…

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DOL’s new resources for workers impacted by cancer will help employers avoid FMLA missteps too

Earlier this month, the U.S. Department of Labor announced that it had released New Resources for Workers Impacted by Cancer. Cancer Moonshot week of action was the impetus for the new resources. The Cancer Moonshot initiative aims to reduce cancer’s death rate by accelerating treatment discovery. Labor Secretary, Marty Walsh,…

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Hey Handbook! How much time should we give employees to sign a severance agreement?

It depends. If an employee signs a severance agreement, you want them to provide a general release in exchange for whatever consideration the company is providing. If the employee is at least 40 years old, the Age Discrimination in Employment Act requires that the employee receive at least 21 days…

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Don’t have an FMLA call-in procedure so complex that not even HR can figure it out.

Under the Family and Medical Leave Act, employers may require an employee to comply with the employer’s usual and customary notice and procedural requirements for requesting leave, absent unusual circumstances. But unless you fancy defending FMLA interference claims, the call-in procedures shouldn’t require an advanced degree. Nobody’s fault but mine?…

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Not one, but two Friday freebies (including FMLA/ADA tips and tricks on Zoom today at Noon ET!!!)

Well, if you count The Employer Handbook itself, which email gods magically deliver to blog subscriber email inboxes every weekday following weeknights where I haven’t had too many blog-inhibiting adult beverages, I’ve got three freebies today. To remedy that, you must promise to pay me $100 if you keep reading…

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Here’s how an employer violated the FMLA and still won the interference claim

The complexities of the Family and Medical Leave Act can bollocks even multi-billion-dollar companies. But the case I’m going to tell you about today is a reminder that, at bottom, the FMLA is largely no-harm, non-foul. In early 2018, an employee with a serious health condition spoke to her doctor,…

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Join me on Friday, 11/18/22 at Noon ET for our next Zoom Happy Hour: Leave Management Cheat Codes and Hacks

The timing last night was perfect. I just finished uploading the video from last Friday’s edition of The Employer Handbook Zoom Office Happy Hour: Cybersecurity 101 for Human Resources and Employment Lawyers to The Employer Handbook YouTube Channel, and I had shifted my attention to planning the next Zoom when…

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Last chance to snag a free seat to today’s Zoom at Noon ET on leave rights and accommodations

If you’ve procrastinated all week, you still have a few hours to register for this week’s edition of The Employer Handbook Zoom Office Happy Hour, which returns today, October 28, 2022. We’re discussing leave rights and accommodations in hybrid and fully-remote workplaces. Click here (https://bit.ly/HybridRemoteAccommodations) to register. We lucked out with my…

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Join me on Zoom on October 28 at noon ET for leave rights and accommodations in hybrid and remote workplaces. It’s FREE!

I’m unsure if we can top this past Friday’s edition of The Employer Handbook Zoom Office Happy Hour. My FisherBroyles partners, Justin Nahama and Amy Epstein Gluck, were fountains of insight and warmth on how companies can improve employee wellbeing. You can watch the replay here on The Employer Handbook YouTube Channel…

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Join me on Zoom on October 21 at noon ET as we discuss your employees’ mental health and wellness. It’s FREE!

Oooooh…this one is going to be really good! There’s usually a certain formula when I invite other attorneys to join me to chat on The Employer Handbook Zoom Office Happy Hour. We pick an employment law topic, dissect it for an hour, and sprinkle in some audience Q&A. For example,…