Jeff Nowak

Jeff Nowak

Franczek Radelet P.C.

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EEOC Issues New Resource Document Addressing Leave as a Reasonable Accommodation under the ADA. What's the Impact on Employers?

For years, employers across America have been clamoring for guidance from the EEOC about how they should manage an employee’s request for extended or intermittent leave from work and how much leave is considered as...more

5/10/2016 - ADA Discrimination EEOC Employee Benefits Equal Access FMLA PTO Reasonable Accommodation

Paid Family Leave Becomes Law in New York Through an Insurance-Style Scheme. Will Other States Follow?

Could this be a game-changer when it comes to paid family and sick leave? Yesterday, New York Governor Andrew Cuomo signed into law what is being dubbed the country’s longest and most comprehensive paid family leave...more

4/5/2016 - Employee Benefits FMLA New Legislation Paid Family Leave Insurance Program Paid Leave PTO

FMLA FAQ: What if the Doctor Refuses to Use the Employer's FMLA Medical Certification Form? And They Want to Charge a Fee for It?

A couple of clients have asked me recently whether a health care provider can use his/her own medical certification form or “doctor’s note” to support the employee’s need for FMLA leave, or can we require the HCP to use the...more

3/31/2016 - Employee Benefits Employee Liability Information Fees FMLA FMLA Abuse Health Care Providers Medical Certification Requests Medical Leave Wage and Hour

FMLA FAQ: How Does an Employer Calculate Intermittent FMLA Leave When an Employee Moves from Full-Time to Part-Time?

Q: One of our employees was at full-time status (40 hrs/wk.) six months ago when he was granted intermittent FMLA leave for a GI issue that flared up from time to time. He took 120 hours of FMLA leave (or three weeks)...more

3/23/2016 - DOL Employee Benefits FMLA Full-Time Employees Part-Time Employees Wage and Hour

Butt Implants, Male Breast Reductions Among Top Plastic Surgery Trends. But Are These Procedures Protected by FMLA?

Apparently, Kim Kardashian isn’t the only one whose derrière seems to have transformed over the years. According to data provided by the American Society of Plastic Surgeons (ASPS) and published in a number of news...more

3/2/2016 - Cosmetic Surgery Employee Benefits FMLA Wage and Hour

Note to Self: Posting My Beach Vacation Photos on Facebook During FMLA Leave is Not a Good Idea

I always love a good social media FMLA smack down. It’s even better when the employer handles the situation in textbook fashion. Today’s installment offers both, while also providing a road map for employers when...more

2/24/2016 - Corporate Counsel Employee Benefits Facebook FMLA Photographs Popular Social Media Wage and Hour

Use The "Rolling" Method to Calculate FMLA Leave! This Employer Learned the Hard Way

Every once in awhile, I find myself counseling an employer with either no FMLA policy or one completely lacking in any meaningful details. Often, these policies fail to include key provisions to protect against liability....more

2/5/2016 - Department of Corrections Employee Benefits Employment Policies FMLA Wage and Hour

FMLA FAQ: Can an Employer Require That an Employee Sign a Form Confirming He Took FMLA Leave for the Reason Provided (To Combat...

Q. In trying to reduce the amount of FMLA abuse in our Company (about 30% usage), we are contemplating having employees returning from FMLA leave complete a form that asks why they were out, had they been out for this reason...more

10/29/2015 - Employee Benefits FMLA Paid Leave PTO Wage and Hour

The FMLA Marriage Penalty: When Spouses Work for the Same Employer

One FMLA rule that tends to fly under the radar is the amount of FMLA leave available to married couples who work for the same employer. Under 29 CFR 201(b), married couples in this situation can be required to share a...more

10/9/2015 - Employee Benefits FMLA Paid Leave Spouses Unpaid Leave Wage and Hour

Can An Employee Decline FMLA Leave Even Though The Absence Is Covered By The Act?

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

3/6/2014 - Employee Benefits Employee Rights FMLA Paid Leave Sick Leave

How Does The Supreme Court’s DOMA Decision Impact Employers?

The U. S. Supreme Court has declared unconstitutional a portion of the Defense of Marriage Act (DOMA), which had established a federal definition of marriage as a legal union only between one man and one woman....more

6/28/2013 - 401k Citizenship COBRA DOMA Employee Benefits Equal Protection Estate Tax FICA Taxes FMLA Health Insurance Income Taxes Retirement Plan Same-Sex Marriage SCOTUS Social Security Benefits US v Windsor

How Does The Fall Of DOMA Impact The FMLA And Other Employee Benefits?

Unless you've been securely wedged under a rock over the past 24 hours, you know that the U.S. Supreme Court has declared unconstitutional the Defense of Marriage Act (DOMA), which had established a federal definition of...more

6/27/2013 - Citizenship COBRA Discrimination DOMA Employee Benefits Equal Protection FMLA Health Insurance Income Taxes Same-Sex Marriage SCOTUS Social Security Benefits US v Windsor

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

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