(Not pictured: Eric Meyer; probably off grabbing a Dole Whip (adult version) and a turkey leg). Continue reading
Last week, the U.S. Department of Labor issued this opinion letter in which the DOL concluded that the FMLA covers a parent’s attendance at his/her child’s individualized education program (IEP) at school. Ultimately, this amounts to caring for a family member with a serious health condition, which the FMLA affords for ‘eligible employees.’
Yesterday, I was reading this case about a woman who was fired while taking leave under the Family and Medical Leave Act. She later sued, claiming FMLA interference; i.e., that her employer had denied her FMLA benefits to which she was otherwise entitled.
An employee fired while on FMLA leave is usually a recipe for trouble for the employer.
But not this time. Continue reading
You just approved leave under the Family and Medical Leave Act for your employee so that she can attend to her sick mother who is in the emergency room at the hospital. You used the Notice of Eligibility and Rights & Responsibilities — good for you for documenting the leave! — checking the box to state that the employee is eligible for FMLA leave. Your employee takes a few weeks off and that’s when you realize that, well…
The employee wasn’t eligible for FMLA. Continue reading