Articles Posted in Family and Medical Leave

You know that dream?

The one where the U.S. Department of Labor shows up on a Sunday to conduct a surprise wage-and-hour audit of your workplace, all the company payroll records have gone missing, and you’re in your underwear.

No? Oh, me neither. Continue reading


Image by DigitalShards from Pixabay

I’ve talked a fair amount recently about retaliation claims (here and here), mostly focusing on timing as the possible link between a protected activity (such as a complaint of discrimination) and an adverse employment action (like a firing).

The plaintiffs in those cases were unsuccessful in proving retaliation. And, in the case about which I’m blogging today, the employer almost prevailed on summary judgment too.

Almost. 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.’

Continue reading


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FOMO or Fear of Missing Out.

According to Google, FOMO is “anxiety that an exciting or interesting event may currently be happening elsewhere, often aroused by posts seen on a social media website.” Continue reading


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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


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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

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