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Reasonable Accommodation › FMLA Abuse

Jackson Lewis P.C.

[Webinar] Are You Up-To-Date With the Latest ADA and FMLA Legal Developments? - February 27th, 2:00pm ET

Jackson Lewis P.C. on

Staying compliant with the Americans with Disabilities Act (ADA) and Family and Medical Leave Act (FMLA) can be a daunting task with the ever changing legal and regulatory landscape. Join Jackson Lewis P.C. Principal David...more

Cozen O'Connor

Top 10 HR Headaches for 2019

Cozen O'Connor on

A new year always brings new headaches for HR professionals. So far, 2019 has been off to a running start with a government shutdown, the early start of the next presidential campaign and talks of major immigration reform....more

Burr & Forman

How Much Leave is Too Much? Determining When an Employer May Deny or Stop an Extended Medical Leave of Absence

Burr & Forman on

Employers continue to face challenges managing employee requests for additional or extended medical leaves of absence for employees who are not eligible for or have exhausted FMLA leave. The Equal Employment Opportunity...more

Franczek P.C.

Want to Crack Down on FMLA Abuse? Try the Chicago Way

Franczek P.C. on

Not sure where you stand on this, but I’m always game for a good employer smack down on FMLA abuse. This smack down comes courtesy of the City of Chicago. ...more

Franczek P.C.

Fighting FMLA Abuse in the Summertime: Top 10 Employer Tools to Keep Employees Honest

Franczek P.C. on

Fortunately for employers, there are several tools available to combat FMLA abuse. At least 10, I figure. Likely more. I’ll start with these and encourage you to share other tactics that have worked for you to halt FMLA...more

Franczek P.C.

Next Time Your Employee Requests FMLA Leave, Choose Sincerity with a Touch of Empathy

Franczek P.C. on

When it comes to administering FMLA, I’ll admit — I have grown cynical and hardened. Like a doctor who becomes desensitized to blood and guts, I, too, have become desensitized to an employee’s antics while on FMLA leave....more

Troutman Pepper

Interplay Of FMLA And ADA Precludes Employers From Automatically Terminating Employees At End Of FMLA Leave

Troutman Pepper on

Q: Can my company fire an employee once the person has exhausted his or her FMLA leave entitlement? A: Many employers are surprised to learn that they may not necessarily terminate an employee if he or she does not return...more

Franczek P.C.

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

Franczek P.C. on

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

Obermayer Rebmann Maxwell & Hippel LLP

One Bite, Two Apples: Third Circuit Confirms That Requests For Leave Under the FMLA Can Simultaneously Qualify As A Request For A...

Obermayer Rebmann Maxwell & Hippel LLP on

The interplay between the Family and Medical Leave Act (“FMLA”) and the Americans with Disabilities Act (“ADA”) is an area of confusion for most employers. This confusion is understandable as both statutes serve distinct...more

Jackson Lewis P.C.

Third Circuit Says “Last Call” for Employee Terminated After Caught Drinking While on FMLA “Bed Rest”

Jackson Lewis P.C. on

On January 31, 2017, the United States Court of Appeals for the Third Circuit joined the Seventh, Eighth and Tenth Circuits in holding that an employer’s honest belief that its employee was misusing FMLA leave is enough to...more

Tucker Arensberg, P.C.

Third Circuit adopts the “honest belief” defense to FMLA retaliation claims and confirms that FMLA leave requests can double as...

Tucker Arensberg, P.C. on

The Third Circuit’s recent decision in Capps v. Mondelez Global, LLC is a mixed bag for employers. The good news is that it establishes that an employer’s honest belief that its employee misused FMLA leave can defeat a...more

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