In a precedential decision issued on Friday, the Third Circuit Court of Appeals declined to reinstate a plaintiff’s trial court victory for FMLA interference, concluding that when he requested leave for migraine headaches, he did not yet have a serious health condition.
As I write this post on Wednesday night, Hurricane Milton is making landfall in Florida as a category three storm. 1.3 million people are without power, and forecasters warn that Milton could generate a storm surge with inundations of 12-13 feet.
Many of you with businesses in Florida will have closures this week. When companies shut down due to weather, employment issues arise. I can’t cover all of them in this post, but below, I’ve tried to outline some of the more prevalent federal issues with links to helpful resources.
Last week, we discussed an FMLA policy that your business needs to rip from its employee handbook and burn with fire. This week, we revisit an Americans Disabilities Act policy that should end up on the paper shredder: the 100% healed policy.
Employers that maintain a policy of treating any employee unable to return to work following the expiration of FMLA leave as having voluntarily resigned are begging for trouble.
But don’t just take my word for it. Continue reading
So much about what I’m about to tell you is messed up. Continue reading
Recently, a federal judge concluded that an employer accused of contacting a healthcare provider to confirm its suspicions that one of its employees had submitted a false medical certification interfered with the employee’s rights under the Family Medical Leave Act. Continue reading
Employers cannot interfere with employee rights under the Family and Medical Leave Act. However, the FMLA doesn’t exonerate employee misconduct, including when an employer discovers it during the leave. Continue reading
On Monday, the U.S. Department of Labor’s Wage and Hour Division published new guidance reminding employers that the use of artificial intelligence and other automated technologies to track work hours, optimize employee performance, and administer leaves of absence does not excuse compliance with the laws that the WHD enforces, namely, the Fair Labor Standards Act and the Family and Medical Leave Act. Continue reading
Employees who want to take leave under the Family and Medical Leave Act must give at least 30 days advance notice if possible and practical. If 30 days’ notice is not practicable, for example, when the employee does not know when leave will begin, or if circumstances change or there is a medical emergency, the employee must provide notice of the need for leave as soon as possible and practical.
The employer can deny the leave if the employee does not satisfy the FMLA’s notice requirements. Continue reading
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