I’m back, jack. And I have some hella-tough shoes to fill, following Janette Levey Frisch‘s killer two-part guest-blogger series on the interplay between the Family and Medical Leave Act and the Americans with Disabilities Act. You can find Part One here and Part Two here. So, we all know by…
Articles Posted in Family and Medical Leave
GUEST POST: FMLA & ADA: Never the twain shall meet? (Part II)
Today, Janette Levey Frisch is back as guest blogger to wrap up her two-part series on the interplay between the between the Americans with Disabilities Act and the Family and Medical Leave Act. (You can read Part One here). Janette is In-House Counsel at Joule, Inc. where she provides comprehensive legal representation…
GUEST POST: FMLA & ADA: Never the twain shall meet? (Part I)
Today we have a guest blogger at The Employer Handbook. It’s Janette Levey Frisch. Janette is In-House Counsel at Joule, Inc. where she provides comprehensive legal representation and support to a staffing company with five subsidiaries throughout the East Coast. You can connect with Janette on Twitter here and on…
Horseshoes, hand grenades and….FMLA eligibility?
And here I thought close only counted in the first two… Who knew that close enough is good enough under the Family and Medical Leave Act (FMLA) when meeting the 1,250-hour eligibility requirement? Apparently, the Second Circuit Court of Appeals in this recent decision. I’ll break it down and provide…
Can the words “Emergency Room” trigger an FMLA request?
As you know from this post, an employee who wants leave from work under the Family and Medical Leave Act (FMLA), does not need to use the word, “FMLA.” Instead, the employee need only provide enough information for the employer to understand that the employee needs FMLA leave. So what…
413,000 reasons for HR to avoid inconsistent employee discipline
Inconsistent discipline is bad. But, when an employee’s request for leave under the Family and Medical Leave Act precedes the inconsistent discipline by only 48 hours, damn, that’s not just a lawsuit, that’s jury-verdict material. The details on this bloodbath and a few lessons for my employer-readers after the jump… Kathleen…
HR Manager emails bolster employee’s ADEA and FMLA claims
Documentation is good; smoking-gun emails from the HR Manager not so much. After the jump, I’ve got a few doozies which now have a financial institution going to trial on a former employee’s age-discrimination and Family and Medical Leave Act claims. * * * In Phillips v. StellarOne Bank (opinion…
To minimize FMLA lawsuits, hire slow and fire fast (before the FMLA request)
In the world of Human Resources, “hire slow, fire fast” generally holds true to avoid just about any lawsuit. Unfortunately, for one NJ employer, it didn’t get the memo. And now it finds itself having to defend against FMLA interference and retaliation claims at trial. What did this employer do…
HR 101: Don’t suggest “No More Hysterectomies” to a woman on FMLA
In my years of practicing employment law, I’ve drafted several employee handbooks and Family and Medical Leave Act (FMLA) policies for employers. The policies I draft are thorough. But just the other week, it occurred to me that I should probably add some language to the effect that supervisors should…
U.S. Department of Labor has a new FMLA guide and webinar
Late last year, the US Department of Labor issued this fact sheet, which provides general information concerning the Family and Medical Leave Act’s (FMLA) prohibition of retaliating against an individual for exercising his or her rights or participating in matters protected under the FMLA. Last month, the DOL followed up…