Search
The Employer Handbook BlogDid this employee get caught trying to pull a fast one? Or did the company interfere with his FMLA rights?
Stop me if this sounds familiar. Continue reading
Articles Posted in Family and Medical Leave
An employee facing termination of employment requested FMLA leave. It didn’t save him from getting fired. Here’s why…
In a precedential decision issued on Friday, the Third Circuit Court of Appeals declined to reinstate a plaintiff’s trial court victory for FMLA interference, concluding that when he requested leave for migraine headaches, he did not yet have a serious health condition.
Your HR Guide to Hurricane Milton
As I write this post on Wednesday night, Hurricane Milton is making landfall in Florida as a category three storm. 1.3 million people are without power, and forecasters warn that Milton could generate a storm surge with inundations of 12-13 feet.
Many of you with businesses in Florida will have closures this week. When companies shut down due to weather, employment issues arise. I can’t cover all of them in this post, but below, I’ve tried to outline some of the more prevalent federal issues with links to helpful resources.
A 100%-healed policy may 100% violate the Americans with Disabilities Act and the Family and Medical Leave Act
Last week, we discussed an FMLA policy that your business needs to rip from its employee handbook and burn with fire. This week, we revisit an Americans Disabilities Act policy that should end up on the paper shredder: the 100% healed policy.
Rip this FMLA policy out of your employee handbook. And burn it with fire.
Employers that maintain a policy of treating any employee unable to return to work following the expiration of FMLA leave as having voluntarily resigned are begging for trouble.
But don’t just take my word for it. Continue reading
This employer went to the hospital and fired its employee while in psychiatric treatment. Then it defeated his FMLA claim.
So much about what I’m about to tell you is messed up. Continue reading
There’s a right way and a wrong way to investigate FMLA fraud, as one employer found out.
Recently, a federal judge concluded that an employer accused of contacting a healthcare provider to confirm its suspicions that one of its employees had submitted a false medical certification interfered with the employee’s rights under the Family Medical Leave Act. Continue reading
How did this employer terminate an employee while on FMLA without violating the law?
Employers cannot interfere with employee rights under the Family and Medical Leave Act. However, the FMLA doesn’t exonerate employee misconduct, including when an employer discovers it during the leave. Continue reading
DOL to Employers: Using artificial intelligence does not excuse compliance with the FLSA and FMLA
On Monday, the U.S. Department of Labor’s Wage and Hour Division published new guidance reminding employers that the use of artificial intelligence and other automated technologies to track work hours, optimize employee performance, and administer leaves of absence does not excuse compliance with the laws that the WHD enforces, namely, the Fair Labor Standards Act and the Family and Medical Leave Act. Continue reading