How'd that happen? An employer who terminated an employee after he took intermittent FMLA leave for diabetes won its case, and recently won again on appeal. According to both courts, the employee appeared to be trying to...more
Intermittent medical leave requests under the Family and Medical Leave Act (FMLA) present some of the most vexing legal and business challenges for employers. The unpredictability of these absences can create scheduling and...more
In a prior article, we explained Senate Bill 95, which requires employers with more than 25 employees in California to provide COVID-19 Supplemental Paid Sick leave... SB 95 creates California Labor Code Sections 248.2 and...more
In Knaup v. Molina Healthcare of Ohio, Inc., (No. 2:19-cv-166) the United States District Court for the Southern District of Ohio addressed whether an employee had received an extension of time for submitting medical...more
The Ninth Circuit and the California legislature recently updated employer leave requirements, impacting California employers. The Ninth Circuit recently handed down two decisions regarding leave under the Family Medical...more
The Department of Labor (DOL) published a notice seeking comment on proposed revisions to its Wage and Hour Division’s optional-use forms that employers often use to implement the Family and Medical Leave Act (FMLA)....more
The Family and Medical Leave Act (FMLA) continues to present challenging questions for employers. In this episode, Keith Kopplin and Sarah Platt of our Milwaukee office walk through some of employers’ most frequently asked...more
Those sneaky little rascals! While the rest of us were enjoying our Labor Day holiday, those crazy kids over at the Department of Labor were still working away. Bless their little hearts! This time, they were busy posting new...more
Employers don’t call the Family and Medical Leave Act the “Friday and Monday Leave Act” for nothing, especially this time of year. The allure of summertime fun in the sun can cause an increase in employee absenteeism,...more
Did that FMLA certification arrive illegible? Is the information provided too vague? Are the responses to the questions internally inconsistent? Do you suspect that it wasn’t filled out by a healthcare provider at all?...more
Block FMLA leave has its own challenges. But intermittent FMLA leave can be downright painful – including the fact that intermittent leave claims are the most common type of lawsuit under the FMLA. When employees need to...more
“What did I do wrong?” and “Am I doing this correctly?” are frequent questions from clients regarding FMLA administration. This is the eleventh in a series highlighting some of the more common mistakes employers can...more
Under the Family and Medical Leave Act (“FMLA”), an employer is permitted to contact an employee’s healthcare provider, with the employee’s permission, to clarify a medical certification submitted in support of the employee’s...more
Executive Order (“EO”) 13076, signed by President Barack Obama on September 7, 2015, established paid sick leave for federal contractors. Specifically, this EO requires certain parties that contract with the Federal...more
The FMLA and CFRA both permit an employer to require an employee requesting a leave of absence to provide a medical certification, but these laws differ with respect to the information and employer can request about the...more
Congress adopted the Family and Medical Leave Act of 1993 (“FMLA”) to provide job security for employees who must miss work due to their own serious health condition, the birth of their children, to care for family members...more
As most employers know, the Family Medical Leave Act (FMLA) allows employees to take up to 12 weeks of leave for their own or a family member’s serious health condition and up to 26 weeks for military caregiver leave. While...more
The Family Medical Leave Act (FMLA) grants unpaid, job-protected leave to eligible employees for specified family and medical reasons, also providing them with continuation of group health insurance coverage under the same...more
A couple of clients have asked me recently whether a health care provider can use his/her own medical certification form or “doctor’s note” to support the employee’s need for FMLA leave, or can we require the HCP to use the...more
On September 17, 2015, the New Jersey Appellate Division emphasized that an employer has “modest burdens” to not only advise employees of their rights under the Family and Medical Leave Act (“FMLA”), but also must advise...more
As we have detailed on several occasions over the past year, President Obama has used executive orders to implement sweeping new workplace policies for federal contractors and their employees. For example, the president has...more
The executive order poses another significant financial and administrative burden for federal contractors. Continuing his practice of using executive orders to implement his labor and employment agenda, on September 7,...more
On September 7, 2015, the President issued the Establishing Paid Sick Leave for Federal Contractors Executive Order (the “Order”) requiring federal contractors to provide up to 56 hours (7 days) of paid sick leave per year to...more
Recently, the Third Circuit has issued two opinions that clarify the Family and Medical Leave Act (“FMLA”) regulations, giving crucial guidance to employers in navigating how to handle employees’ leave requests....more
Employers frequently call with concerns about employees who self disclose an alleged disabling condition that is not readily apparent, and who claim substantial limitations as a result. The employer’s concerns center on when...more