Family and Medical Leave

Can an FMLA-eligible employee decline FMLA and take other accrued leave instead?

January 15, 2016 | by Eric B. Meyer

***Double checks Powerball ticket***

Dammit!

Oh, hi there. I didn’t see you come in. Now, get out of here and head over to Thompson’s HR Compliance Expert. You’ll find a new feature called “Opposing Counsel.” At various points throughout the year, I will debate HR-compliance issues with employee-rights lawyer, and my buddy, Donna Ballman. Think, my snark — times two. Plus, you get the added benefit of the point of view of an attorney from the dark side. (Donna’s probably telling her readers the same thing…LOL).

Inconsistent employee discipline can create legal issues. Here’s a way to fix that.

January 11, 2016 | by Eric B. Meyer

That was my KitKat! Spit it out! Spit it out, dammit! Hey, hey, turn off that camera!

Over the weekend, after the Hershey’s Chocolate World shenanigans, I read a Fifth Circuit FMLA retaliation opinion that, unfortunately, read like so many prior employment legal skirmishes.

C.R.E.A.M. FMLA

January 8, 2016 | by Eric B. Meyer

Yep, I’m pretty sure that’s what Raekwon, Inspectah Deck, and Method Man are rapping about here. It’s FMLA, son.

Two early HR Christmas presents

December 23, 2015 | by Eric B. Meyer

Or late Hanukkah presents. Or early Kwanzaa presents. Or timely Festivus presents. Or, you get the idea.

My first present is a re-gift. Over at Win-WinHR, Lorene F. Schaefer, Esq. hosts this month’s edition of the Employment Law Blog Carnival: A Festival of Lessons Edition. If you need to get caught up on all the latest HR-compliance news and view from top bloggers across the country, then, go no further.

Is job-related anxiety an ADA disability? It depends…

December 22, 2015 | by Eric B. Meyer

I train a heckuva lot of managers and HR professionals on leave issues relating to the Americans with Disabilities Act and Family and Medical Leave Act. (Yes, you can have a copy of my presentation, just email me).

One issue that often crops up in discussing the intersection of the two laws is whether job-related stress or anxiety is covered under the ADA, FMLA, or both.

Fired you will be getting drunk, DUI, and arrested on an FMLA day

December 1, 2015 | by Eric B. Meyer

That’s the opening line from the Director’s Cut of the advance screening that JJ Abrams sent me. Trueish story.

Keep your insensitive FMLA comments to yourself. You too, HR.

October 19, 2015 | by Eric B. Meyer

I’ve heard the Family and Medical Leave Act referred to as the “Friday/Monday Leave Act.” Heck, I called it the Friday/Monday Leave Act last week. Turns out, I need to watch what I say.

A new FMLA resource you need to check out.

October 9, 2015 | by Eric B. Meyer

I’m feeling generous today. And that’s strange because usually I spend my Fridays dangling hundred dollar bills down to the street from a fishing pole in my office, trying to avoid the catch. But, the past few days changed my mindset.

You see, earlier in the week I was introduced to an in-house lawyer who was seeking information on the Family and Medical Leave Act. And, as it so happens, yesterday I received an email from a reader of the blog. Well, not just any reader. This email was from one of my best readers. And she just started a new FMLA blog called Matrix Radar: Adventures in Absence Management and Accommodation. The name alone sounds like something that would not only satisfy the needs of the biggest FMLA dork, but also supply me with the Director’s Cut of Neo and Trinity rescuing Morpheus.

Well, 50% ain’t bad. And I recommend that y’all check out Matrix Radar.

Help me, Handbook. How do I track intermittent FMLA leave?

September 23, 2015 | by Eric B. Meyer

One word: Outsource.

See you tomorrow.

Oh, you mean some of you actually do this yourselves?!? Ok. As you should know, in certain circumstances eligible employees may take leave under the Family and Medical Leave Act intermittently or on a reduced leave schedule. Intermittent leave is FMLA leave taken in separate blocks of time due to a single qualifying reason.

Here’s how to account for intermittent FMLA leave. Continue reading

Paid-FMLA poll results and an employment law blog carnival

September 17, 2015 | by Eric B. Meyer

Yesterday, I asked you — and when I say you, I’m referring to the best change-agents in the entire universe — whether you were cool with the government requiring your businesses to provide a modest amount of paid family and medical leave to employees.

Of those who responded to the poll — I’m talking the thought-leaders here who clearly deserve a place at the table — 53% said yes; 41% said no.

The rest of you said “baba booey.”