Q: This week, one of our employees professed her love to one of her co-workers (who is married) and announced to everyone that they had been dating. The problem is — it’s not true. ...more
Last week, I had the pleasure of co-presenting with EEOC Commissioner Chai Feldblum on the topic of “leave” as a reasonable accommodation under the ADA. Our presentation was part of an FMLA/ADA compliance conference hosted...more
Did you ever have an employee tell you that he has medical condition "x," which will require time off at some point in the future? Normally, you tactfully tell him to come back when he actually needs time off, correct?...more
I received a ton of feedback last week in response to my post about whether an employee can decline FMLA leave even though the absence qualifies under the Act. One question, in particular, was thrown at me repeatedly, and it...more
What do you do when one of your employees has informed you of what clearly is an FMLA-triggering event (she needs to care for her dad who is seriously ill in the hospital), but then tells you she doesn't want the absence...more
No matter what position the EEOC might take, I'll always take the position that an employee's regular, reliable attendance is an essential function of the job. So, when an employee wants to arrive at work at any time,...more
Let me share a story about UPS, although in the end, this story has nothing to do with UPS.
For about the past 10 years, UPS has maintained a policy of terminating any employees who are unable to return to work after...more
Every February, the American Bar Association's Federal Labor Standards Legislation Committee publishes a comprehensive report of significant FMLA decisions handed down by the federal courts in the previous year. This report...more
Let's put our heads together on this one. You see, it appears as though far too many employees have bought into the notion that their employer is always responsible for the cost of obtaining medical certification to support...more
I just returned from Disney World, a trip that had me chasing my kids (ages 8, 6 and 4) for days on end. So, I'm tired. And I ache. My feet ache. My back aches from my four year old riding on my shoulders. My head aches...more
Q: One of our employees drinks a lot of water at work and goes to the bathroom continuously throughout the day. As a result, she uses far more than her normal breaks allow. ...more
So here's my Top Five "Fix it or Else" List when it comes to leave management in 2014. How many can you cross off your list by March? Come on, I triple dog dare you...more
Many years ago, on December 23, Frank Costanza introduced Festivus to us. Whether it was the Airing of Grievances, Feats of Strength, or the aluminum pole, yet another Seinfeld episode had us in stitches. ...more
Thanks to those who attended my webinar last week with Matt Morris on "Conquering the FMLA Medical Certification Process: Best Practices for Employers."
We covered a whole host of topics during the webinar: How...more
According to a recent CareerBuilder survey, nearly one-third (32 percent) of your employees have called in sick when they're not actually sick. Perhaps just as notable, 30 percent of your employees admit that they have...more
One of the most difficult issues an HR professional or in-house employment counsel faces is how to deal with an employee who cannot return to work after FMLA leave expires. Is additional leave required? ...more
Kris was forced to endure the unthinkable: her daughter had just become the victim of a sexual assault.
In the weeks that followed, Kris alerted her employer of the assault and the care her daughter would require in...more
Q: We have an exempt, managerial employee who in this past year took all 12 weeks of FMLA leave, and six additional weeks of unpaid leave. He also was intermittently absent for digestive problems to the tune of about four...more
Linette Williams-Grant had a week worthy of Judith Viorst's classic children's story Alexander and the Terrible, Horrible, No Good, Very Bad Day, which (as an aside) is one of my all time favorites to read to my young...more
Over the past several months, a number of employers have asked me when the Department of Labor would be issuing the Spanish version of its new DOL poster (which accounts for the new regulations issued earlier this year). The...more
Last month, Illinois became the 21st state to adopt a medical marijuana law. The law, which is tabbed as a four-year pilot program legalizing the use of marijuana for medical purposes, becomes effective on January 1, 2014 and...more
We have been sitting on the edge of our seat [ok, perhaps I'm on the seat alone] as we await the Department of Labor's anticipated regulations interpreting how the Supreme Court's DOMA decision impacts the definition of...more
Hello...hello...hello...is there anybody in there? Just nod if you can hear me. Is there anyone home?
Have your employees have become so evasive in their requests for medical leave that you feel like signing Pink...more
Do you know what's particularly oppressive about the FMLA? [You: Jeff, everything about the FMLA is oppressive!]
The requirement that an employer return an employee to the same or equivalent position at the end of FMLA...more
Of course, this kind of stuff happens while I'm on vacation and away from my computer. Last week, the Wall Street Journal created a bit of an uproar when it reported that the Department of Labor had just issued "regulatory...more