News & Analysis as of

Family and Medical Leave Act (FMLA) Absenteeism

Constangy, Brooks, Smith & Prophete, LLP

Suit based on notice of intermittent FMLA absences will go to trial

Employers, don't be too rigid about employee notice requirements. Weird case from the U.S. Court of Appeals for the Sixth Circuit. Imagine this: You're the HR manager at a manufacturing facility. An hourly employee has...more

Payne & Fears

Key California Employment Law Cases: October 2020

Payne & Fears on

Summary: Employers have a duty to investigate the accuracy of any criminal conviction report prior to terminating an employee on the basis of such information where there is evidence that the report may be incorrect.  ...more

Seyfarth Shaw LLP

Coronavirus: Employer Liability Issues

Seyfarth Shaw LLP on

Seyfarth Synopsis: By now, the worldwide health authorities and media have publicized the 2019 Novel Coronavirus (2019-nCoV) (sometimes called Coronavirus) (the “virus” or “disease”) that has been first identified in Wuhan,...more

Poyner Spruill LLP

U.S. Department of Labor Issues Opinion Letter Regarding FMLA and No-Fault Attendance Policies

Poyner Spruill LLP on

Many employers utilize “no-fault” attendance polices, which provide that employees are subject to progressive discipline up to and including termination when they accumulate a specified number of absences within a certain...more

Parker Poe Adams & Bernstein LLP

Employees Using FMLA Leave Must Abide by Employer's Absence Notification System

Intermittent leave continues to pose some of the most vexing Family and Medical Leave Act problems for employers. Employees eligible for intermittent FMLA leave frequently miss work without advance notice, leaving the...more

Proskauer - Law and the Workplace

Seventh Circuit Holds That FMLA Limitations Period Begins To Run At Time Of Each Leave Denial

On October 20, the Seventh Circuit held, in Barrett v. Illinois Department of Corrections, that a former state employee’s Family and Medical Leave Act (“FMLA”) denial of leave claim was untimely because suit was not filed...more

Franczek P.C.

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

Franczek P.C. on

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

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