Articles Posted in Family and Medical Leave


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We’re gonna try a new feature here at The Employer Handbook.

It’s where I take a new U.S. Department of Labor Opinion Letter and tweak it as if someone is asking me for my opinion on the precise legal issue on which the DOL is being asked to opine, but with slightly different facts.

It can’t miss. Continue reading


I took this picture. Not bad, eh?

Filed under: “Didn’t think I’d be saying that in 2018.”

But, it’s all good.

I am grateful to Ben Eubanks and the Northern Alabama Chapter of Society for Human Resource Management for this opportunity to debut my new and improved “My Employees Can Miss How Much Work?!? Managing the Challenges of Leave Under the FMLA and ADA?” to a fantastic audience of HR professionals in Huntsville, AL today.

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Yes, those are two of my children. (Not pictured: “Dad of the Year” Trophy)

A little over two years ago, I blogged here about how the Fair Labor Standards Act and Family and Medical Leave Act may impact your business if it closes for a day due to inclement weather. Now that I work “in the cloud,” this doesn’t impact me. Heck, I’m probably three Starbucks Flat Whites in by the time you’re reading this.

And thank god for the blazing-fast wi-fi here. I can’t get over the clarity on the live feed of my kids shoveling the driveway. With the extra muscles and endurance they’ve added in the past few years, if I don’t see pavement by the time I get home…

Anyway, here’s the blog post. Continue reading


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Under the Family and Medical Leave Act, an eligible employee is entitled to take up to 12 weeks of job-protected leave in a 12-month period.

So, what happens if an employee exhausts 12 weeks of leave and doesn’t return to work on the next working day? Firing that employee wouldn’t violate the FMLA would it?

Or, could it? Continue reading


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Happy belated 25th Birthday, Family and Medical Leave Act.

A couple of my blogging buddies, Jeff Nowak and Jon Hyman, formally recognized the occasion on Monday. Here is Jon’s post. Here is Jeff’s post.

Although I’m late to the party, I did bake a cake. And I today’s post is about a recent FMLA-decision-cum-HR/manager-screw-up that you may want to read all the way through to avoid a similar misfortune. Continue reading


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Over the Summer, I blogged here about the Seventh Circuit’s decision in Severson v. Heartland Woodcraft, Inc. (opinion here).

In Severson, the Court concluded that “a multimonth leave of absence is beyond the scope of a reasonable accommodation under the ADA….Simply put, an extended leave of absence does not give a disabled individual the means to work; it excuses his not working.” (my emphasis)

It’s an excellent opinion for employers, especially those that do business in Indiana, Illinois, and Wisconsin.

But, I want to use today’s post to refocus and remind you that leave can be a reasonable accommodation under the Americans with Disabilities Act. Continue reading

0 Philadelphia Eagles Nick Foles

Image Credit: Jack Kurzenknabe on Flickr (

I teased it yesterday when I speculated that Monday may be a pretty big Family and Medical Leave Act day around Philadelphia.

To back up my hypothesis, I scoured Twitter and YouTube for some likely candidates.

I hope that you have fun with this. (I, for one, may have peed a little).

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The title of this blog post is somewhat misleading.

Yes, this post combines cars and employment law. But, more than anything, it was just an excuse to use this cool image, play The Cars – a song called “Drive,” no less – and say, “Dude, where’s my car?”

You’ll see what I mean. Continue reading

“Doing What’s Right – Not Just What’s Legal”