Do employee-leave issues and ACA woes have you feeling like this?
Well, next month, my friends at Kistler Tiffany and I have got your back. We’re presenting two free, live seminars to help you tackle your ACA, ADA, and FMLA issues.
A new bill, introduced last week in this U.S. House of Representatives, would amend the Family and Medical Leave Act to permit parents to take up to 12 weeks of leave to mourn the death of a child. Continue reading
Are you headed to Washington, DC for SHRM’s 2017 Employment Law and Legislative Conference on March 13-15? I’d love to meet up with you.
Well, unless you’re really creepy. Continue reading
You know, it’s one thing to communicate with employees on FMLA to express concern for their well-being or determine whether they plan to return to work as scheduled.
But, when you turn into the FMLA Police, that’s when problems ensue.
A little over three years ago, I blogged here about the Senate and House each introducing the Family and Medical Insurance Leave Act. (FAMILY Act). The FAMILY Act, which never made it out of Congress to President Obama, would have created a national paid family and medical leave program for all workers, male and female.
Well, guess what’s back?
The Third Circuit Court of Appeals has issued its first precedential decision confirming that the honest-belief doctrine defeats a retaliation claim under the Family and Medical Leave Act.
In plain English, the court in Capps v. Mondelez Global, LLC concluded that an employer can fire an employee whom it truly believes is misusing FMLA — even if the employer’s suspicion of FMLA fraud turns out to be wrong. That’s not FMLA retaliation.
So, where were we?
***Stirs lime rickey***
Ah yes, Rajai Davis had just blasted a two-run homer off of the video camera in left field to tie the World Series at 6 in Game 7 in the 8th inning and…
(spoiler alert)
What are some of the signs of employee abuse of leave taken under the Family and Medical Leave Act?
With all those notice requirements and certifications and such, it’s easy to get bogged down in the minutia associated with an employee’s request for leave under the Family and Medical Leave Act.
But, a recent case is a good reminder not to overlook a basic FMLA tenet: an employee returning from leave should be restored to the same position (or an equivalent position with equivalent benefits, pay, and other terms and conditions of employment).
The Employer Handbook Blog