Category: Leave Management, Policy, and Compliance

Managing employee leave is one of HR’s most annoying (and thankless) tasks. First of all, there’s the federal FMLA, which is notoriously difficult to manage, and commonly gamed by employees. Stack on top of that state leave laws that usually conflict with the plus various pregnancy and disability laws. And then there’s the plethora of other types of leave like bereavement, jury duty, and military leave, each of which has its own quirks and challenges. This topic explores this in depth.

back injury

7th Circuit: The ADA is Not the New FMLA

In a recent decision, the U.S. Court of Appeals for the 7th Circuit—which covers Illinois, Indiana, and Wisconsin—ruled that granting an employee additional leave beyond what he’s entitled to under the Family and Medical Leave Act (FMLA) is not a “reasonable accommodation” under the Americans with Disabilities Act (ADA).

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military

Fedex Miscalculated Pension Benefits for Employee Who Took Military Leave

The 6th Circuit—which covers Kentucky, Michigan, Ohio, and Tennessee—recently heard a claim by an employee who alleged that his pension credits were improperly calculated and did not give him sufficient credit for compensation he received during military leave.

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FMLA

Employer Makes ‘Lemonade’ Out of Employee’s FMLA Lawsuit

To be candid, I wasn’t sure who Beyoncé is. While I know a lot about employment law, I often come up short on popular culture. So it’s fortuitous that an employee in Ft. Worth, Texas was fired for attending a Beyoncé concert while she was on Family and Medical Leave Act (FMLA) leave. In addition […]

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FMLA abuse

How Much FMLA Leave Is Too Much?

Bar none, the Family and Medical Leave Act (FMLA) is the hardest employment law to administer for employers and the easiest to abuse by employees. That double whammy often results in frustrated employers making rash decisions, which, of course, lead to lawsuits. And so goes the following case, in which the employer gave the employee […]

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Leave

FMLA: Is Postoperative Care Considered a Serious Health Condition?

As employers are well aware, the Family and Medical Leave Act (FMLA) allows eligible employees to take leave for qualifying serious health conditions. In a recent decision, the U.S. 2nd Circuit Court of Appeals—which covers Connecticut, New York, and Vermont—highlighted the need for employers to be more inquisitive—and perhaps more expansive—when determining whether a condition […]

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fraud

Forged Doctor’s Note Triggers FMLA Fraud Investigation

Recently, a Justice Department official offered this sage advice: “If you’re going to defraud the government with a doctor’s note, make sure to spell the name right.” This was exactly the case for one Colorado U.S. Postal worker, who decided to defraud the government for 2 years—claiming she was suffering from cancer.

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New Survey Finds Only 32% of Employers Offer Paid Family Leave

Does your company offer paid leave for the birth or adoption of an employee’s child? If so, you’re among the 32% of employers who say they offer this benefit, according to a new survey released by Standard Insurance Company (The Standard)—in conjunction with the Disability Management Employer Coalition (DMEC).  

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