Articles Posted in Family and Medical Leave

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Today, I’m blogging about a company that wrote a settlement check, entered into something called a “Compromise and Release Agreement” (more on that in a bit) to resolve claims from a former employee, and now finds itself defending Family and Medical Leave Act claims.

That’s got me like

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Weightlifting

The Department of Labor does most of the heavy lifting for you.

But, today’s blog post is a sobering reminder that when an employer provides DOL-prepared Family and Medical Leave Act paperwork to an employee, it’s just as important for the employer to complete its portion of the forms as it is for the employee to complete his or hers. Continue reading

Fact or Fiction?That’s right folks. It’s time for another edition of “Fact or Fiction” a/k/a “Quick Answers to Quick Questions” a/k/a QATQQ f/k/a “I don’t feel like writing a long blog post.”

Let’s do an FMLA quiz. We know that an FMLA-eligible employee must check three boxes:

  1. Work at a location that employs 50 employees within 75 miles;
  2. Has at least 1,250 hours of service with such employer during the previous 12-month period; and
  3. Must be employed for at least 12 months by the employer.

So, does the FMLA protect from retaliation an employee who requests leave before the one-year anniversary of employment? Continue reading

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What if.

I’m just saying, what what if you could have an employee sign some sort of a contract, maybe an an employee agreement, in which the employee agreed to shorten the statute of limitations on all employment claims to six months.

Given that employees often have years in which to assert claims, the ol’ statute-of-limitations shortener could be a gold mine!

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@RealDonaldTrump on Twitter

It all began last week with a (possible) typographical error in a tweet from our 45th President, “Despite the constant negative press covfefe.

At first, President Trump’s tweet confused us; “covfefe” even stumped a spelling bee champ while creating a spike in demand for novelty license plates.

But then President Trump doubled down on Twitter“Who can figure out the true meaning of “covfefe” ??? Enjoy!” Well, his Press Secretary, Sean Spicer, told reporters, “The president and a small group of people know exactly what he meant.”

Folks, you’re in luck! As part of that small group of people, I know exactly what President Trump met. You see, “covfefe” is the solution to all of your HR-compliance problems.

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The Family and Medical Leave Act enables eligible employees to take leave for up to 12 weeks in a 12-month period for their own serious health condition, among other things.

How do you know if an employee is requesting FMLA leave? Do they have to say “F-M-L-A”? Heck no! But, they do have to provide enough information to permit an employer to conclude that the employee needs leave. But, what happens when the employee doesn’t say much? Rather, the biggest change is their workplace demeanor. Could that be enough to put an employer on notice?

Could a change in demeanor be enough to put an employer on notice? And, what if the employee doesn’t recognize that she even has a serious health condition?

Grab your pearls for clutching and read on…

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