Tag: Leave Management

Employer Without Proper FMLA Policy and Procedures Must Face a Jury

By Kyle Johnson, JD The 6th Circuit—which covers Kentucky, Michigan, Ohio, and Tennessee—recently ruled that an employee who was allegedly laid off while she was on leave covered by the Family and Medical Leave Act (FMLA) was entitled to a jury trial because the employer’s lack of written policies left unresolved questions about her status.

Employer Without Proper FMLA Policy and Procedures Must Face a Jury

The 6th Circuit—which covers Kentucky, Michigan, Ohio, and Tennessee—recently ruled that an employee who was allegedly laid off while she was on leave covered by the Family and Medical Leave Act (FMLA) was entitled to a jury trial because the employer’s lack of written policies left unresolved questions about her status. Read more.

7 Steps for Managing Intermittent Leave

Employees repeatedly taking intermittent leave can be disruptive, yet employers need follow the law’s requirements. These steps for managing FMLA leave are relevant for both continuous and intermittent FMLA leave. Read more.

FMLA and ADA Interplay Part I: Basic Statutory Obligations

Although the legal requirements of the FMLA and the ADA are similar in some regards, at times an employer may find that the requirements of one law contradict the other, and the employer cannot comply with both laws. In these cases, it is important to know which law takes precedence, or “trumps,” the other.  Read […]

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Video: FMLA Medical Certification–Do Employers Always Need to Have It?

By Susan Schoenfeld, JD, Senior Legal Editor Medical certification is one of the most complex and confusing aspects for employers when administering leave under the Family and Medical Leave Act (FMLA). In this video, HR.BLR.com Senior Legal Editor Susan Schoenfeld provides a quick review of the FMLA’s medical certification rules and answers one of the […]

Can an employer request certification of birth of a child from a father?

Employees can take a full 12 weeks of FMLA leave (assuming that they have had no other leave-qualifying events during the 12-month period) for the birth, adoption, or foster care of a child (sometimes referred to as “bonding leave”). Bonding leave is available to either men or women, and no medical certification is required. However, […]

DMEC provides strategies for dealing with paid leave ‘patchwork’

By Susan Schoenfeld, JD, Senior Legal Editor HR.BLR.com What a difference a year makes. The number of states and cities with paid leave rules is growing rapidly. In 2014, Connecticut was the only state with a paid leave law. In 2015, Massachusetts and California joined Connecticut with their own paid leave laws. The number of […]