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Articles Posted in Family and Medical Leave
Here’s an FMLA interference case that Cosmo Kramer from Seinfeld would appreciate
In early 2020, an employee at a global food supplier left work early with flu-like symptoms. That day she obtained a doctor’s note recommending that she “stay out of work for three days, from February 19-21, 2020.” The employee requested to have five days off to recuperate. However, the note said nothing about her inability to work beyond those three days. Her employer terminated her on February 21.
Have you ever had 65 employees seek FMLA at the same time with the same doctor’s notes?
On June 16, 2017, an employer issued furlough notices to employees at its West Virginia facility. Over the following weeks, 65 or so employees submitted forms requesting to take medical leave based on claimed minor soft-tissue injuries sustained while off duty. The forms were similar in content; all were signed by one of two chiropractors, and all called for a medical leave of eight weeks or more.
What would you do in that situation? Continue reading
Does the FMLA protect ineligible employees who inquire about taking FMLA leave?
Near the beginning of the pandemic, an employee requested unpaid leave to care for her two-year-old son—a child with a history of respiratory illness experiencing symptoms resembling COVID-19. But she never ended up taking FMLA leave. Continue reading
How do you track FMLA when an employee takes leave during the week of Memorial Day?
If you’ve got an HR-compliance sweet tooth, here is your FMLA nerd candy. Continue reading
Was she requesting Family and Medical Leave Act leave or pitching a television show?!?
This will all make sense in a minute if you keep reading. Continue reading
There’s a new FMLA Poster
After Sunday’s Philadelphia 76ers’ win over the Boston Celtics in Game 4 of the NBA playoffs, I didn’t think this week could get off to a better start.
I was wrong. Continue reading
Can employers require employees to make up time they miss for FMLA leave?
The Family and Medical Leave Act guarantees eligible employees up to 12 workweeks of leave in a 12-month period for a qualifying reason, such as taking care of a parent with a serious health condition. Employers, on the other hand, cannot interfere with employees’ FMLA rights.
But, are there circumstances in which an employer can provide FMLA leave to an eligible employee and then require them to work extra time — maybe a Saturday — to make up the time they missed?
Oh, no! Tell me a supervisor didn’t write THAT on an employee’s PIP.
If you haven’t done FMLA training for your supervisors, hopefully, this post will motivate you to get some on the calendar. Continue reading
Did an employee just discover an “FMLA loophole” to arbitration agreements?!?
Grab your pearls for clutching, and let’s get into this recent federal court decision to find out. Continue reading