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Articles Posted in Family and Medical Leave
Fore-get it! Court slices plaintiff’s FMLA claim based on Facebook pics of him at a golf course
Santeri Viinamäki [CC BY-SA 4.0], from Wikimedia Commons
Neither did lying about sleeping at work despite photographic evidence to the contrary.
Filed under: “WTH Dude!”
Dear Handbook: Does the FLSA require that non-exempt employees get paid for 16-minutes of intermittent FMLA leave?

Image Credit: Pixabay.com (https://pixabay.com/en/two-ginger-cats-licking-loving-650546/)
We’re gonna try a new feature here at The Employer Handbook.
It’s where I take a new U.S. Department of Labor Opinion Letter and tweak it as if someone is asking me for my opinion on the precise legal issue on which the DOL is being asked to opine, but with slightly different facts.
It can’t miss. Continue reading
Very special FMLA/ADA greetings from Huntsville, Alabama

I took this picture. Not bad, eh?
Filed under: “Didn’t think I’d be saying that in 2018.”
But, it’s all good.
I am grateful to Ben Eubanks and the Northern Alabama Chapter of Society for Human Resource Management for this opportunity to debut my new and improved “My Employees Can Miss How Much Work?!? Managing the Challenges of Leave Under the FMLA and ADA?” to a fantastic audience of HR professionals in Huntsville, AL today.
From the archives: “How do you handle FMLA and FLSA for a snow day office closure?”
A little over two years ago, I blogged here about how the Fair Labor Standards Act and Family and Medical Leave Act may impact your business if it closes for a day due to inclement weather. Now that I work “in the cloud,” this doesn’t impact me. Heck, I’m probably three Starbucks Flat Whites in by the time you’re reading this.
And thank god for the blazing-fast wi-fi here. I can’t get over the clarity on the live feed of my kids shoveling the driveway. With the extra muscles and endurance they’ve added in the past few years, if I don’t see pavement by the time I get home…
Anyway, here’s the blog post. Continue reading
No one ever said that this FMLA stuff would be easy.

Image Credit: Pexels.com (https://www.pexels.com/photo/black-calendar-close-up-composition-273011/)
Under the Family and Medical Leave Act, an eligible employee is entitled to take up to 12 weeks of job-protected leave in a 12-month period.
So, what happens if an employee exhausts 12 weeks of leave and doesn’t return to work on the next working day? Firing that employee wouldn’t violate the FMLA would it?
Or, could it? Continue reading
What might federal paid family leave look like? (I’ll give you a sneak peak.)

Image Credit: Pexels.com
Sorry, Eagles fans. It doesn’t cover taking the fam to today’s parade.
(I’ll post some pics tomorrow). Continue reading
Wow, I can actually feel myself becoming a more insufferable Eagles fan with this FMLA post.

Image Credit: Photofunia.com
Happy belated 25th Birthday, Family and Medical Leave Act.
A couple of my blogging buddies, Jeff Nowak and Jon Hyman, formally recognized the occasion on Monday. Here is Jon’s post. Here is Jeff’s post.
Although I’m late to the party, I did bake a cake. And I today’s post is about a recent FMLA-decision-cum-HR/manager-screw-up that you may want to read all the way through to avoid a similar misfortune. Continue reading
Don’t forget leave as an ADA accommodation. (Yeah, that’s right. Leave!)

Image Credit: Photofunia.com
Over the Summer, I blogged here about the Seventh Circuit’s decision in Severson v. Heartland Woodcraft, Inc. (opinion here).
In Severson, the Court concluded that “a multimonth leave of absence is beyond the scope of a reasonable accommodation under the ADA….Simply put, an extended leave of absence does not give a disabled individual the means to work; it excuses his not working.” (my emphasis)
It’s an excellent opinion for employers, especially those that do business in Indiana, Illinois, and Wisconsin.
But, I want to use today’s post to refocus and remind you that leave can be a reasonable accommodation under the Americans with Disabilities Act. Continue reading
Will the Supreme Court sip from the FMLA ‘Holy Grail’?

Image Credit: danielle_blue on Flickr (https://www.flickr.com/photos/82705783@N00/101958911) CC BY-SA 2.0, Link
Okayyyyyy!
Oh, hold up. Not that Holy Grail. Continue reading
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