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How Do Employers Calculate FMLA Leave Around the Holidays?

It’s that time of year — my kids are already making changes to the fourth draft of their Christmas wish list, holiday music has been playing on my local radio station for four weeks now, and I’m just about ready to claim the...more

At last! Not One, But TWO Court Decisions That Scale Back an Employee's Right to Take Additional Leave After FMLA is Exhausted

There may not be an issue more difficult in HR land than how to deal with an employee who cannot return to work after FMLA leave expires. Is additional leave beyond 12 weeks required? The answer is almost always ‘yes.’ ...more

When You Don't Train Your Managers About the FMLA, You're Begging for This Kind of Smackdown

When a manager learns that one of his employees is in the hospital, that’s almost always enough information for the employer to have an inkling that the employee may need FMLA leave. ...more

If an Employee Attends a Beyonce Concert While on FMLA Leave, Can She Be Terminated?

All the single ladies . . . all the single ladies . . . Now put your hands up, oh, oh, oh . . . Imagine marketing director, Michelle, jamming to this Beyonce song in the middle of AT&T Stadium in Dallas. On that very...more

Hurricane Harvey and the FMLA: Are Your Employees Eligible for Leave During a Natural Disaster?

Natural disasters like Harvey raise a host of issues for employers: how do you pay your employees during during suspended operations? Whether and to what extent should health benefits and other benefits be offered?...more

Poorly Implemented FMLA Policies and Procedures are Killing Employers. Don't Be That Employer.

Poorly implemented FMLA policies and procedures are in the spotlight this week. And just a few vague words and a slip up are costing two employers hundreds of thousands of dollars. ...more

FMLA FAQ: Can a Chiropractor Certify FMLA Leave? And Are There Limits?

Backs across America must collectively be giving out, as my clients’ questions about medical certification from chiropractors are on the increase. So, I’ll hit this one head on: Is a chiropractor considered a health care...more

DOL Will Again Issue Opinion Letters on FMLA, FLSA, and Other Sticky Employment Law Scenarios

The U.S. Department of Labor announced today that it will again issue opinion letters to assist employers and employees in interpreting laws like the FMLA and Fair Labor Standards Act. The DOL has even established a new...more

Can an Employee take FMLA Leave to Care For a Sibling? Before You Say "No," Read This

I love my brother dearly. I love my sister just as much. And whenever we near the end of life’s journey (a long time from now, of course), I’ll be there to care for them. And they, for me, despite the many piledrivers I...more

Manager's Thoughtless Comment Resurrects Poor Performer's FMLA Claims

There may not be a more toxic combination in the land of Human Resources: a poorly performing employee and an untrained boss who just can’t keep his mouth shut. ...more

Can We Lawfully Terminate an Employee After He Submits a Vague Doctor's Note Seeking an Extension of Leave? In a Word, Yes.

An employee’s 12 weeks of FMLA leave has exhausted, and over the past several weeks, he’s provided you a series of vague doctor’s notes typically containing nothing more than a one-liner extending his medical leave of absence...more

These Three Key FMLA and ADA Resources Will Help You Conquer the World

If you have any interest in vastly improving your FMLA and ADA mojo, here are three can’t miss resources you need to make part of your professional reading and education each spring: 1. Review the ABA’s Report of 2016...more

Got an Employee Who Doesn't Follow Your FMLA Call-in Policy? Apparently, You Now Have to Ask Him Why He Couldn't

I recently had an interesting call with a DOL investigator, and I wanted to share it with you. First, let me set the background. I represent a large national employer with multi-state locations, including several on...more

Disclosing an Employee's Medical Condition May Result in an Automatic FMLA Violation

This is a story about Scott. He has a medical condition affecting his genito-urinary system. In the words of my two-year old, Maggie, this condition sounds yucky. Like other employees with a genito-urinary disorder,...more

Should Employers Make Paid Parental Leave a Basic Employee Benefit? Considerations for Drafting a Parental Leave Policy

Netflix. Google. Proctor & Gamble. Accenture. IKEA. Greensboro, North Carolina. What do these have in common? They are employers. And they offer their employees paid parental leave....more

Does Paid Leave Become Reality in a Trump Administration? And Who is His Likely Choice to Head the Department of Labor?

Every other employment attorney has been offering their opinion on how the election of Donald Trump will impact employment law. So, I’d feel left out of this riveting discussion if I didn’t offer my two cents about how a...more

Can an Employer Require That an Employee Submit FMLA Certification from a Specialist to Support the Need for FMLA Leave?

When it comes to FMLA medical certification, my clients have many complaints. One beef, in particular, is vague medical information they receive on a certification completed by the employee’s primary care physician. This...more

When Employers Don't Recognize an Employee's Notice of the Need for FMLA Leave, They Pay the Price

As employers, we face a sobering reality: at every turn, the FMLA sets us up to fail. Whether it’s deciphering medical certification, assessing fitness for duty upon return to work, or dealing with the always frustrating...more

Can Hillary Clinton Take FMLA Leave for Pneumonia? And Can Her Campaign Give Her the Boot Because She's a Key Employee?

Disclaimer! Disclaimer! This is not a political post. But where current events meet the FMLA, I’m as giddy as a five-year old boy coming eye-to-eye with his first dump truck! Unless you’ve been living under a rock the...more

Sweet Justice! Dismissal of Bully's FMLA Claim Proves Employers Can Safely Terminate an Employee on the Heels of FMLA Leave

I hate bullies. Back in 4th grade, Sister Mary Demetria, OSF, told us that “hating” someone was a sin. I’m convinced Sister never met a bully. Forgive me, Father, for I have sinned. Cause, you see, whenever I...more

Are Foreign Nationals on H-1B Work Visas Eligible for FMLA Leave?

Over the past few months, I’ve been asked by clients whether foreign nationals who are in the United States on work visas are eligible for FMLA leave. Honestly, I didn’t know the answer to the question when I was first...more

Why Should Employers Take Pregnancy Discrimination and Accommodation Seriously? Here Are More Than 500,000 Reasons Why.

Doris worked for the Chipotle restaurant chain. And she was pregnant. After she announced her pregnancy to her supervisor, Doris claimed her boss began monitoring her bathroom breaks (then berated her for taking too long),...more

FMLA FAQ: Must an Employer Accept FMLA Medical Certification from an Online Health Care Provider? And What If It's an LCPC?

Q: Our employee is trying to support his need for FMLA leave with medical certification from an online health care provider. Is this valid under the FMLA? And What if It’s a Licensed Clinical Professional Counselor? A:...more

Does an FMLA Leave Request Double as a Request for a Reasonable Accommodation? Should Employers Care?

There is a hot debate brewing over the tantalizing question, “Does a request for FMLA leave also constitute a request for a reasonable accommodation under the ADA?” The worlds of FMLA and ADA clash! Surely, this...more

Chronic Conditions: Can an Employer Deny FMLA Leave When an Employee Does Not Attend Two Doctor Visits in One Year?

Frank, your night custodian, reports that he suffers from Crohn’s disease, a chronic condition that will cause him to miss work when the condition flares up from time to time, including his absence yesterday. Cleaning floors...more

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