Articles Posted in Family and Medical Leave


If you’ve procrastinated all week, you still have a few hours to register for this week’s edition of The Employer Handbook Zoom Office Happy Hour, which returns today, October 28, 2022. We’re discussing leave rights and accommodations in hybrid and fully-remote workplaces.

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Under the Family and Medical Leave Act, an employer can insist that employees comply with the company’s “usual and customary” absentee notice procedures. Often those call-out procedures are part of written leave and attendance policies.

But, as one company found out the hard way, “usual and customary” absentee notice can transcend formal policies and procedures when managers bend the rules.

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According to this recent Seventh Circuit’s opinion, “when [the plaintiff] returned from medical leave, her employer … did not allow her to return to her previous position as a lead teacher at her school. Instead, it placed her in a backwater position with fewer responsibilities that required her to split her time between different schools. After a bench trial, the district court determined that the defendant had violated the Family and Medical Leave Act.”

But here’s the thing. The court awarded the plaintiff no money.

Zip. Zilch. Nada.

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Yesterday, the U.S. Department of Labor announced a series of August events highlighting the importance of maternal health and workplace protections for expectant and new mothers to mark National Breastfeeding MonthContinue reading

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