Articles Posted in Family and Medical Leave

So, yeah, in cased you missed it, yesterday, was part one of a gripping two-part series about how employees who share XXX at work tend to get the short-end of the litigation stick should they later decide to sue their employers.

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If you have 50 or more employees, you must abide by the Family and Medical Leave Act. The FMLA affords up to 12 workweeks of leave in a 12-month period, among other things, to care for a parent with a serious health condition. But let’s say that you have dropped the ball and failed to provide your employees with:

• information or notice explaining the provisions of the FMLA,
• information regarding how to file complaints for violations of the FMLA, and
• FMLA information in “any written guidance to employees concerning employee benefits or leave rights, such as in an employee handbook.”

Let’s even assume that one of your employees takes leave that would otherwise qualify under the FMLA, but you fail to tell that employee that the FMLA covers the leave.

Have you interfered with your employee’s FMLA rights? I’ll spin some Alice in Chains and drop the 411 after the jump…

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The Family and Medical Leave Act affords eligible employees up to 12 weeks of unpaid leave during any 12-month period because of a serious health condition that makes the employee unable to perform his/her job.

Let’s say that you have an employee who requests FMLA for a medical procedure that will keep him laid up for a while. But, you’re suspicious. So, you hire a PI to follow the employee and record his every movement. You view the videotape and see that the employee is walking, driving, and even shopping. What the hell?!? Naturally, you think the employee is scamming the company so you fire him.

Legal? Or FMLA interference? Find out after the jump…

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Last week, Rep. Lynn Woolsey (D-CA) reintroduced the Domestic Violence Leave Act, which expands paid leave options for victims of domestic abuse, sexual assault, or stalking. Details on the pending legislation and what it would mean for employers if it passes after the jump…

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Worst. Pun. Ever.

In some states, employees who become victims of domestic violence, or whose family members are victims of domestic violence, are entitled to take a short unpaid leave from work. In one state, companies need to be aware of possible legislation that would require them to afford time off to employees whose pets are victims of violence or threats of violence.

Find out which state — you have a 1 in 50 chance — after the jump…

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In yesterday’s post at The Employer Handbook, I discussed a recent federal-court decision to demonstrate why it is crucial for employers to document workplace performance and misconduct.

Today, after the jump, I have another federal-court decision — one in which an employer’s failure to properly paper an employee’s leave under the Family and Medical Leave Act, translates into big-time headaches.

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The Family and Medical Leave Act (FMLA), a federal law, entitles eligible employees of covered employers to take up to twelve workweeks of unpaid, job-protected leave in a 12-month period for:

• the birth of a child and to care for the newborn child within one year of birth;
• the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;
• to care for the employee’s spouse, child, or parent who has a serious health condition; and
• a serious health condition that makes the employee unable to perform the essential functions of his or her job.

Earlier this month, Senator John Tester (MT-D) introduced a bill that would amend the FMLA to provide leave because of the death of a son or daughter.

Details on this bill and what it would mean for employers after the jump…

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