The Family and Medical Leave Act allows eligible employees to take up to 12 workweeks of unpaid leave in a 12-month period for a variety of reasons, including for one’s own serious health condition. An employee with a serious health condition can take FMLA leave if the employee satisfies three additional requirements:
The SHRM blog does, silly. But, I can link to the preview (here) and the recap (here). Definitely check those out. Allen Smith, Manager of workplace law content at SHRM, and a host of others did a great job fielding questions about the ADA and FMLA issues that keep HR professionals up at night.
(Me? I sleep comfortably on a pile of money on top of another pile of money. Thanks for asking.)
P.S. – Special shout out to my little guy Pierce, who turns three today. May next year bring him his first body bopper victory over his older sister.
Ok, presumably, I’m not the only employment lawyer trying to apply the Supreme Court’s decision in Obergefell v. Hodges to the employer-employee relationship. But, I can guarantee that this will be the best post you read about it today.
#noguarantees Continue reading
Yep, in this precedential opinion, the Third Circuit Court of Appeals created a Family and Medical Leave Act loophole that could protect “the most frivolous leave requests.”
Folks, if your business is covered under the FMLA, and you’ve ever had to deal with a questionable medical certification for an employee’s serious health condition, read on…
Y’all enjoy yesterday’s Thursday Giveaway. (Y’all, huh. Look at me. You can take the boy out of Texas, but…). Anyway, if you missed out on getting a copy of that background check PowerPoint and webinar, just send me 1.21 gigawatts, Libyan-grade plutonium, and a selfie stick email me and I’ll still hook you up.
Specifically, in those situations in which an employee doesn’t use the letters F-M-L-A, what can that employee say or do to still qualify for leave? Continue reading
How do I top yesterday’s FMLA cluster?
That’d be like asking a pitcher who just threw a no-hitter to get back out there and pitch another one. Well, gimmee a second to limber up, grab my rosin bag, and, Imma start dealing a few FMLA curveballs.
(See what I did there?) Continue reading
With four years of blogging under my belt, I have a pretty good sense of what may audience comes to expect from this labor and employment law blog:
For today’s post, I don’t have enough hats to tip to the many readers who emailed me about this hella-crazy FMLA retaliation complaint. Continue reading
ADA and Burger King?!? Has someone been eating too many Whoppers? No. But I did spend a 20 minute Uber ride yesterday sucking down mustard packets.
Actually, the inspiration for this post comes from Seattle Attorney, Michael Harrington, who presented “The Wild, the Weird and the Wonderful FMLA/ADAAA Cases…And the Lessons for Employers!” with me yesterday at the Disability Management Employer Coalition (DMEC) FMLA/ADAAA Employer Compliance Conference.
(If you want a copy of our PPT, please email me. I got you.)
This one goes out to all of you employees who are contemplating a claim against a former employer for violating the Family and Medical Leave Act.
Read this federal court opinion and make a mental note: when you voluntarily work from home, that’s not “leave” under the Family and Medical Leave Act. Yep, when you choose to work from home, and tell your employer that you are working from home that makes Ford Motor Company angry, you wouldn’t like it when Ford gets angry, your employer doesn’t need to offer you FMLA, or let you know that you qualify for FMLA. Continue reading
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