Jeff Nowak

Jeff Nowak

Franczek Radelet P.C.

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FMLA Leave for Headache Effectively Converts Full-Time Position into Part-Time Position; Employers' Shrieks Heard Across the...

This one is a real headache. Sam oversees a storage area for the Connecticut Department of Transportation (ConnDOT) and during certain times of the year, his position requires a fairly extensive amount of overtime. For...more

12/19/2014 - ADA Employee Rights Employer Liability Issues FMLA Reasonable Accommodation

Court Determines that Employer's FMLA Notice Sent by Email is Not Reliable (Sending Employer World into Tizzy)

We have a mini-FMLA crisis on our hands this week, and the courts are to blame. This issue involves the FMLA notices that employers send to employees, but more importantly, the delivery route in which they send them....more

10/23/2014 - Compliance Email Employee Rights Employer Liability Issues FMLA

Don't Be Tripped Up by Light Duty Obligations under the FMLA and ADA: A Discussion of Employer Best Practices

Earlier this week, I had the privilege of presenting on the FMLA and ADA reasonable accommodations at CUPA-HR‘s annual conference with my friend, Stan Kulesa from The Standard....more

10/6/2014 - ADA Compliance Corporate Counsel Employee Rights FMLA

Are You a Co-Employer? FMLA Joint Employer Liability Can Be Deadly

To be covered by the FMLA, a private employer must employ at least 50 employees within a 75-mile area. If the employer doesn’t meet this threshold, it is not obligated to provide FMLA leave to its employees. However, an...more

9/25/2014 - Corporate Counsel Employee Rights Employer Liability Issues FMLA Franchises Joint Employers

FMLA FAQ: Can We Terminate an Employee for Working a Second Job While on FMLA Leave?

If the employer has a uniformly-applied policy governing outside or supplemental employment, such a policy may continue to apply to an employee while on FMLA leave. An employer which does not have such a policy may not deny...more

9/19/2014 - Corporate Counsel Employee Rights Employer Liability Issues FMLA Hiring & Firing Termination

New EEOC Guidance Expands Protections and Requires Accommodations for Pregnant Employees (and Reaffirms Rights for Dads, Too!)

Earlier this week, the EEOC issued new enforcement guidance on pregnancy discrimination, warning employers of their obligation to provide pregnant employees reasonable accommodations in the workplace and giving employers...more

7/18/2014 - Corporate Counsel EEOC Employee Rights Pregnancy Pregnancy Discrimination

Obama Administration Announces Proposed Rule Extending FMLA Leave Rights for Same-Sex Couples

President Obama plans to announce today a proposed rule that would 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. ...more

6/20/2014 - DOMA Employee Rights ERISA FMLA Marriage Paid Leave Same-Sex Marriage SCOTUS US v Windsor

Are Inflexible Leave Policies Lawful After All? One Court Leaves Employers Salivating

When it comes to leave as a reasonable accommodation after FMLA leave is exhausted, employers have been conditioned to simply believe: inflexible leave policies bad, flexible leave policies good. ...more

6/3/2014 - ADA EEOC Employee Rights FMLA Paid Leave Unpaid Leave

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

Can An Employee Insist That The Employer Pay For FMLA Medical Certification?

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

2/12/2014 - DOL Employee Rights Employer Liability Issues FMLA Medical Certification Requests

FMLA FAQ: My Employee Took A Whole Lot Of Leave Last Year. Is He Even Eligible Now For FMLA Leave?

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

10/25/2013 - Eligibility Employee Rights Employer Liability Issues Exempt-Employees FMLA Medical Leave Unpaid Leave

DOL Publishes Spanish Version Of Its FMLA Poster; Employers Should Consider Their Obligation To Post

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

9/30/2013 - DOL Employee Rights FMLA

What Pink Floyd Can Teach Employers About FMLA: Enforce Call-In Procedures And Insist Upon Facts Supporting Need For Leave

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

9/6/2013 - Compliance Employee Rights Employer Liability Issues FMLA Paid Leave Unpaid Leave

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

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