Jeff Nowak

Jeff Nowak

Franczek Radelet P.C.

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EEOC Commissioner Gives Insight Into Handling Employee Leaves Of Absence After FMLA Is Exhausted

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

4/8/2014 - ADA Compliance EEOC FMLA Leave of Absence

Employees Can't Take FMLA Leave For "Potential" Absences In The Future

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

3/26/2014 - FMLA

FMLA FAQ: Can An Employer Designate FMLA Leave When An Employee Refuses To Provide Medical Certification?

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

3/14/2014 - Compliance FMLA Medical Certification Requests Medical Leave Sick 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

ABA's Summary Of 2013 FMLA Cases A Critical Resource For Employers, Attorneys

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

2/13/2014 - Corporate Counsel FMLA

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: Can General Aches And Pains Support The Need For FMLA Leave?

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

1/30/2014 - DOL FMLA Sick Leave

FMLA FAQ: Can Excess Trips To The Potty Be Counted As FMLA Leave?

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

1/13/2014 - ADA Adverse Employment Action FMLA Human Resources Professionals Paid Leave Pregnancy Discrimination Reasonable Accommodation Retaliation Unpaid Leave

A Triple Dog Dare: Take These Five Steps In 2014 To Drastically Improve Your FMLA Compliance

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

1/7/2014 - Compliance FMLA FMLA Abuse Unpaid Leave

Happy Festivus...Uh, I Mean, Happy Holidays...And A Happy New Leave Year!

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

12/23/2013 - FMLA Holidays Human Resources Professionals

Conquering The FMLA Medical Certification Process: A Recap Of Our Webinar

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

12/13/2013 - Employer Liability Issues FMLA Medical Certification Requests

"Eating Turkey Made Me Fall Asleep And I Missed My Shift": How Employers Can Deal With The Most Outrageous Excuses For FMLA Leave

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

11/26/2013 - FMLA Sick Leave

Can An Indefinite Leave Of Absence Be A Reasonable Accommodation?

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

11/20/2013 - ADA FMLA Hiring & Firing Leave of Absence Reasonable Accommodation Undue Hardship

Employee With Crying Spells After Daughter's Sexual Assault Has Viable FMLA Claim

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

11/14/2013 - Compliance Emotional Injury Claims Employer Liability Issues FMLA Retaliation Sexual Assault

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

Holy Smokes! Employee's Minister Uncovers Her FMLA Abuse, Leads To Her Termination

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

10/16/2013 - FMLA Fraud Termination

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

DOL Issues ERISA Guidance On Same-Sex Marriage; Is FMLA Guidance Next?

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

9/24/2013 - DOL ERISA FMLA Same-Sex Marriage

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

When An Employee Returns From FMLA Leave, What Does Same Or Equivalent Position Actually Mean?

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

8/29/2013 - FMLA JPMorgan Chase Unpaid Leave

DOL Updates Guidance On FMLA And Same-Sex Marriage

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

8/21/2013 - DOL DOMA FMLA Same-Sex Marriage US v Windsor

Take 2: Does Annual FMLA Certification First Require An Employee's Absence?

The feedback from last week's blog post on annual FMLA certification came fast and furious. ...more

8/13/2013 - Absenteeism Certifications DOL FMLA Sick Leave

Let's Pretend Prince William Worked In The United States. What Are His Paternity Leave Rights Under The FMLA?

Fess up and raise your hand. How many of you were on the edge of your edge of your seat awaiting news of William and Kate's new arrival? ...more

7/24/2013 - Father's Rights FMLA Marriage Parental Leave Paternity

FMLA FAQ: Does Temporary Employment Count Toward FMLA Eligibility?

Q: We regularly utilize temporary employees, some of whom we hire permanently. Does the time they work as a temp (through an agency) count toward the 12-month and 1,250 hour eligibility requirements?...more

7/19/2013 - DOL Eligibility FMLA Full-Time Employees Temporary Employees Wage and Hour

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