Jeff Nowak

Jeff Nowak

Franczek Radelet P.C.


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Failure To Provide Additional Leave As ADA Accommodation Could Prove Costly To Employers

For ages, the employer community has awaited guidance from the EEOC regarding how much additional leave, if any, an employer is required to provide an employee as an ADA reasonable accommodation when an employee is unable to...more

6/10/2013 - ADA Disability Discrimination Discrimination EEOC FMLA Hiring & Firing Medical Leave Pregnancy Discrimination Reasonable Accommodation Termination

I Believe My Employee Is Unfit To Return To Work. Can I Require A Full Medical Examination Before His Return?

Have you ever doubted whether one of your employees actually was fit to return to work from a leave of absence? ...more

5/30/2013 - ADA Employee Rights FMLA Leave of Absence Medical Examinations

When An Employer Provides More Parental Leave To Mom Than Dad, Is This Gender Discrimination?

I received a ton of feedback on last week's blog post, which discussed Yahoo's new parental leave policy and its FMLA implications. Much of the feedback related to Yahoo's decision to provide 16 weeks of paid maternity leave...more

5/20/2013 - FMLA Gender Discrimination Parental Leave Yahoo!

Yahoo's Sweetened Parental Leave Policy Raises Practical FMLA Certification Issues For Moms And Dads In The Workplace

It seems that what Yahoo CEO Marissa Mayer taketh, she giveth back. Or something like that. As you will recall, Mayer made waves several months back when she banned all Yahoo employees from working from home, a rather...more

5/9/2013 - FMLA Marissa Mayer Maternity Leave Medical Certification Requests Paid Leave Parental Leave Telecommuting Yahoo!

Department Of Labor To Increase Frequency Of FMLA On-Site Investigations

For employers who have been involved in an FMLA investigation conducted by the U.S. Department of Labor, the process can be a bit of a head-scratcher because no two investigations look the same....more

4/25/2013 - Audits DOL FMLA Internal Investigations Investigations Posting Requirements Recordkeeping Requirements Training

DOL Lawsuit Highlights Simple Reality: Employers Who Ignore FMLA Regulations Face Severe Consequences

When an employer ignores the FMLA regulations as it ponders a termination decision, the consequences can be severe. A water bottling company recently learned this the hard way. ...more

4/19/2013 - DOL Employer Liability Issues FMLA Penalties

DOL Publishes PowerPoint Presentation To Help Train Employees About FMLA

This week, I had the privilege of presenting on the "Nuts and Bolts" of the FMLA with Department of Labor Branch Chief for FMLA, Diane Dawson. Our presentation was part of an FMLA/ADAAA compliance conference hosted by the...more

4/17/2013 - DOL FMLA Training

The Importance Of Providing Individual FMLA Notices To Employees

The Department of Labor was serious when it required employers beginning in 2009 to provide individual FMLA notices to employees regarding their eligibility and rights (Notice of Eligibility and Rights & Responsibilities) and...more

4/11/2013 - DOL FMLA Notice Requirements

Are Additional FMLA Military Family Leave Amendments In The Works?

Is Congress poised to amend the Family and Medical Leave Act again? Late last month, legislation was introduced in the U.S. House of Representatives that would allow employees who work part-time or for small employers up to...more

4/5/2013 - FMLA Military Service Members Proposed Legislation

FMLA FAQ: How Long Can An Employer Rely On A Second Or Third Opinion Under The FMLA?

We have become more aggressive on suspected cases of FMLA abuse and, as a result, we have sent a greater number of employees for second and third opinions after they turn in medical certification. Once we have received the...more

3/26/2013 - FMLA Medical Certification Requests Medical Leave

Court Rules That Third Party Administrators Can Be Held Liable For FMLA-Related Violations

Employers often outsource to third party administrators the task of managing their FMLA processes. Under this model, the TPA handles FMLA requests, paperwork and approvals instead of the employer's human resources or...more

3/19/2013 - FMLA Hiring & Firing Human Resources Professionals Medical Certification Requests Medical Leave PHI Termination Third-Party Tortious Interference

How Can Congress Improve The FMLA? Let's Count the Ways...

Over the past month, as we recognized the 20th Anniversary of the Family and Medical Leave Act, advocates for employees and employers have been clamoring for changes to the Act. ...more

3/7/2013 - FMLA Medical Certification Requests Medical Leave Paid Leave

Employers Must Begin Using Updated FMLA Forms And Poster Starting March 8, 2013

Earlier this month, the Department of Labor issued final new rules regarding the amendments to military family leave, flight crew eligibility and a handful of other relatively minor issues. ...more

2/28/2013 - DOL Flight Crews FMLA FMLA Certification Forms GINA Military Caregiver Leave Posting Requirements Safe Harbors

ABA's Summary Of 2012 FMLA Cases A Valuable Resource For Employers, Attorneys

As always, 2012 was an active year for cases involving the Family and Medical leave Act. Remember the manager who gave his employee the book "No More Hysterectomies" when she asked for leave because she had to undergo a...more

2/20/2013 - FMLA

Employee's Lack Of Diligence In Obtaining Timely Medical Certification Destroys Her FMLA Claim

As a management side attorney, I love when an employer prevails in an FMLA case. However, I'm doubly giddy when the case provides real, practical takeaways for employers that help them better administer FMLA leave. ...more

2/14/2013 - Certifications Due Diligence Extensions FMLA Notice Requirements Staples

DOL Issues Final Rule Implementing FMLA Amendments Expanding Military Family Leave And Leave For Airline Flight Crew Members

This week, the Department of Labor released its final rule implementing the Family and Medical Leave Act amendments under the National Defense Authorization Act of 2010 (NDAA) and the Airline Flight Crew Technical Corrections...more

2/7/2013 - AFCTCA Airline Employees DOL FMLA Military Caregiver Leave NDAA Physical Impossibility Rule

The FMLA Turns 20 Today; The DOL Celebrates With Curious Survey Results About The Use Of FMLA

Happy 20th Birthday, FMLA! On February 5, 1993, President Bill Clinton signed the Family and Medical Leave Act, making it the very first piece of legislation he signed into law as President. ...more

2/5/2013 - DOL FMLA Medical Leave

Why Must Employers Train Their Managers About The FMLA? Here Are 1.2 Million Reasons Why

I came across an interesting FMLA case this past week, and the facts are simple enough that it kept my attention. [In the age of Twitter and Facebook, anything beyond a 30-second sound byte and you might as well give me a...more

1/31/2013 - Disability FMLA Hiring & Firing Hurley v. Kent of Naples Leave of Absence Mental Illness Retaliation Termination

DOL Issues Guidance On "Caring For An Adult Child" Under The FMLA

Yesterday, the U.S. Department of Labor issued an Administrator's Interpretation (AI) to clarify the factors an employer must consider when an employee requests leave to care for an adult child. ...more

1/15/2013 - ADA ADAAA Adult Children DOL FMLA Military Leave

Can Brent Musburger Take A Leave Of Absence From ESPN For Work-Induced Stress?

Feel free to call me out for shamelessly piling on veteran broadcaster Brent Musburger. But by now, you know that issues arising under the Family and Medical Leave Act are part of the American fabric as much as baseball and...more

1/9/2013 - Brent Musburger ESPN FMLA Katherine Webb Leave of Absence Performance Improvement Plans Sports Work-Induced Stress

An Employee Requests And Is Denied Vacation Leave But Later Takes FMLA Leave For The Same Time Period. What Recourse Does An...

This scenario is all too familiar for employers: shortly before Christmas, your employee requests vacation leave for Christmas Eve and New Years Eve. Due to seniority or the employee's last minute request for time off, her...more

1/8/2013 - FMLA FMLA Abuse Medical Certification Requests Medical Leave Termination Vacation Leave

A Couple Quick Tips To Fight FMLA Abuse Around The Holidays

Have your employees' absences from work been a bit more frequent lately? And are you tired of the lame excuses they're providing? After all, there are only so many times your employee's dog can knock over the Christmas...more

12/31/2012 - Audits FMLA FMLA Abuse Holidays Medical Certification Requests

Bad Timing: Can An Employer Terminate An Employee Shortly After Requesting FMLA Leave?

As a labor and employment attorney, I spend a significant amount of time counseling employers as they prepare to terminate an employee. Often enough, the situation goes something like this:...more

12/21/2012 - FMLA Performance Reviews Termination

FMLA Leave For Same-Sex Couples To Be Clarified by Supreme Court's DOMA Decision?

This past Friday, the United States Supreme Court announced that it would consider whether the Defense of Marriage Act (DOMA) unlawfully denies benefits to gay and lesbian couples who are married in states that allow such...more

12/11/2012 - Common Law Marriage DOMA Domestic Partnership Employee Benefits FMLA Same-Sex Marriage SCOTUS

Facebook Pictures of Employee Socializing at Local Festival Drown Her FMLA Claims

Employers and fellow FMLA nerds, consider this an early holiday present: Courts are increasingly dismissing FMLA claims when they find that the employer has an honest belief that the employee has engaged in FMLA fraud. ...more

11/15/2012 - Facebook FMLA Fraud

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