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Court Rules That Third Party Administrators Can Be Held Liable For FMLA-Related Violations

Employers often outsource to third party administrators the task of managing their FMLA processes. Under this model, the TPA handles FMLA requests, paperwork and approvals instead of the employer's human resources or...more

3/19/2013 - FMLA Hiring & Firing Human Resources Professionals Medical Certification Requests Medical Leave PHI Termination Third-Party Tortious Interference

Why Must Employers Train Their Managers About The FMLA? Here Are 1.2 Million Reasons Why

I came across an interesting FMLA case this past week, and the facts are simple enough that it kept my attention. [In the age of Twitter and Facebook, anything beyond a 30-second sound byte and you might as well give me a...more

1/31/2013 - Disability FMLA Hiring & Firing Hurley v. Kent of Naples Leave of Absence Mental Illness Retaliation Termination

An Employee Requests And Is Denied Vacation Leave But Later Takes FMLA Leave For The Same Time Period. What Recourse Does An...

This scenario is all too familiar for employers: shortly before Christmas, your employee requests vacation leave for Christmas Eve and New Years Eve. Due to seniority or the employee's last minute request for time off, her...more

1/8/2013 - FMLA FMLA Abuse Medical Certification Requests Medical Leave Termination Vacation Leave

Bad Timing: Can An Employer Terminate An Employee Shortly After Requesting FMLA Leave?

As a labor and employment attorney, I spend a significant amount of time counseling employers as they prepare to terminate an employee. Often enough, the situation goes something like this:...more

12/21/2012 - FMLA Performance Reviews Termination

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