Do you know what happens when you maintain a policy or practice that requires an employee to return to work without restrictions or “100% healed”? You pay. A lot.
Just ask Brookdale Senior Living Communities....more
This post has nothing to do with Netflix and its new, generous parental leave policy. Or GOP presidential candidate Carly Fiorina’s latest position on paid leave. Sorry to disappoint.
But it does involve an exotic...more
This week, I had the pleasure of presenting with Department of Labor and EEOC officials on key developments out of Washington with respect to leave management and accommodations. Our presentation was part of the...more
Even once in awhile an employer has handled an FMLA situation so effectively, you just want to shout out, “You Go Girl!” . . . or let out a fist pump (like you just sank a 70-foot birdie) . . . or initiate a wild chest bump...more
With the impending expiration of the Immigrant Investor Visa Program, also known as EB-5, in September, bipartisan legislation has been proposed in Congress to renew and improve the Program. The proposed changes could...more
Q: One of our employees, a front desk receptionist, maintains an erratic work schedule because she must attend to her autistic son. In short, her son throws a tantrum at school if his mom does not personally drop him off...more
Earlier this year, the Department of Labor issued a final rule allowing an otherwise eligible employee to take FMLA leave to care for a same-sex spouse, regardless of whether the employee lives in a state that recognized...more
Q: One of my employees complained of chest pains at work and later went to the emergency room at the local hospital. However, we have learned through his medical certification that he was not admitted to the hospital until...more
This one just smells fowl. Delbert (not sure if he goes by Del or Bert, so I’ll just call him Delbert) decided not to show up for work at Tyson Fresh Meats on December 28. Instead, he asked his girlfriend, who also worked...more
Those sneaky little rascals! While the rest of us were enjoying our Memorial Day holiday, those crazy kids over at the Department of Labor were still working away. This time, they were busy posting the new model FMLA notices...more
Last week, I had the pleasure of presenting with EEOC Commissioner Victoria Lipnic on the EEOC’s pregnancy discrimination guidance and how employers should address pregnancy accommodations in the workplace. Our presentation...more
Last week, I reported that a federal district court in Texas had halted the DOL’s enforcement of its final rule that would allow employees to take FMLA leave for their same-sex spouse. ...more
Is that all it takes to get you to click on my blog entry — make a reference to “sperm” in the blog title and post a silly photo of this little guy? That was like taking candy from a baby!...more
A federal judge in Texas granted an injunction on Thursday that (for the time being) has stopped enforcement of the DOL’s final rule regarding the definition of spouse. Under the new rule, which was scheduled to take effect...more
All across America this morning, pregnant employees are screaming out in muted shouts of joy and giving each other belly bumps. Last year, I reported on the EEOC’s recent pregnancy discrimination guidance, which interpreted...more
Want a glimpse into a world where an employer fails to maintain a legally compliant leave management process? Let me warn you — what you are about to read is not pretty and not for the faint of heart....more
Want to read about nearly FMLA case that was either dismissed or allowed to advance toward trial? Want a snapshot of what employers got right and what they got wrong in the land of FMLA?...more
On February 28, 2015, the DOL’s recommended FMLA forms expired. And on March 1, the sun still rose in the east. Life, as we know it, forged on.
It’s anyone’s guess as to when new FMLA forms will be issued, so in the...more
The Department of Labor has issued a final rule that will allow an employee to take FMLA leave to care for a same-sex spouse, regardless of whether the employee lives in a state that recognizes their marital status. This...more
Last week, I had the pleasure of presenting with EEOC Regional Attorney in the Chicago District John Hendrickson on the EEOC’s recently drafted Pregnancy Discrimination Enforcement Guidance and how these guidelines will...more
Throughout the year, HR professionals and attorneys ask me for my recommendations on the very best conferences to learn more about the FMLA and ADA. The “best,” of course, is in the eye of the beholder. In my humble...more
If this story won’t cause you bring your FMLA policy up to snuff, then I’ve lost all hope.
FMLA’s Basic Premise -
An employee is eligible for FMLA leave if he meets three basic criteria: With this backdrop in...more
Sure, Joan, you can take a leave of absence, but you’re still going to work while you’re out, right? Is this problem? I guess it depends on whether or not you’re Joan. Let me explain. ...more
Yesterday, President Barack Obama took the most significant steps yet to push for federally mandated paid leave for all American workers. In addition to signing a presidential memorandum directing federal agencies to advance...more
Adam was a maintenance technician for EZEFLOW, a company which manufactures pipe fittings. He also was a marine corps veteran who served in both Iraq and Afghanistan. Upon his discharge from the marines, Adam started his...more