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FMLA & ADA: Two peas in a pod
I love my readers.
Like my youngest daughter with a pile of peas, my readers devour HR-compliance wonk and nuance. Continue reading
I love my readers.
Like my youngest daughter with a pile of peas, my readers devour HR-compliance wonk and nuance. Continue reading

The Family and Medical Leave Act enables eligible employees to take leave for up to 12 weeks in a 12-month period for their own serious health condition, among other things.
How do you know if an employee is requesting FMLA leave? Do they have to say “F-M-L-A”? Heck no! But, they do have to provide enough information to permit an employer to conclude that the employee needs leave. But, what happens when the employee doesn’t say much? Rather, the biggest change is their workplace demeanor. Could that be enough to put an employer on notice?
Could a change in demeanor be enough to put an employer on notice? And, what if the employee doesn’t recognize that she even has a serious health condition?
Grab your pearls for clutching and read on…
I was wondering how I’d top yesterday’s lesson on how to curse out your boss, his mom, and his entire family on Facebook…and keep your job.
So, how about we do Family and Medical Leave Act and social media in one post! Yasssssssssssss! At this blog, that’s like the HR-compliance version of a dozen chilled oysters topped with a Viagra crumble.
I’ll light your cigarette after the jump. Continue reading
Can you believe this song is five years old? Continue reading

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.