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
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
The story is for all you hunt and peck typists out there. But its message is a lesson for all employers when it comes to returning your employee from FMLA leave....more
Evans was employed by Books-A-Million (BAM) as a payroll manager. Evans apparently became pregnant at an inopportune time — right at a time when BAM was implementing a new payroll system. As supervisors are prone to do,...more
With all the FMLA paperwork that a leave administrator has to provide an employee during the FMLA process, you’d wonder whether you’re attending a real estate closing. All these documents — whether it’s the Notice of...more
In the cold, sadistic world that is the FMLA, the Department of Labor tells us that ordinary, run-of-the-mill headaches (a/k/a “non-migraine” headaches) are not covered by the FMLA. Migraine headaches, on the other hand, are...more
A few employers apparently have made some rather foolish decisions lately when terminating the employment of an expectant parent, and it’s making the rest of us look like we don’t care much for moms and dads or, for that...more
On July 14, the Equal Employment Opportunity Commission (EEOC) issued updated enforcement guidance on pregnancy discrimination and related issues, along with a question and answer document about the updated guidance and an...more
Grandparents across America are celebrating this week. And they have Suzan Gienapp to thank. Here’s why:
Suzan, who worked for Harbor Crest (a nursing home), informed her manager in January 2011 that she needed time off...more
Ena Wages served as a property manager for one of several apartment complexes owned by Stuart Management Corp. She began her employment on November 17, 2008, and this is significant under the FMLA because nearly one year...more
There must be something in the water, but several clients have asked me this week whether they are required to pay an employee for the Memorial Day holiday even though the employee was out on FMLA leave. ...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'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
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
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
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
The DOL is on a roll, and employers can't be amused....more
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.