Tag: Family and Medical Leave Act (FMLA)

Case Study: Can Joy at Employee Firing Be Evidence of FMLA Violation?

Here’s a tale from the U.S. 5th Circuit Court of Appeals (whose rulings apply to all Texas employers), which told a Texas trial court that it erred in dismissing a Family and Medical Leave Act (FMLA) retaliation lawsuit against the city of Granbury. In deconstructing the appeals court’s opinion, we see how judges—like each and […]

Case Study: TCU Aces FMLA Quiz

The Family Medical Leave Act (FMLA) is riddled with all sorts of employer obligations and therefore with all sorts of potential violations. Recently, TCU gave a seminar on dodging an FMLA interference claim. FMLA Interference? The FMLA forbids employers from retaliating against an employee for seeking FMLA leave. It also (unlike most other employment laws) […]

Case Study: Alcoholic Employee Must Meet Employer’s Performance Standards

A recent federal court decision notes that disabled employees or employees with substance abuse problems must comply with an employer’s policies and meet reasonable performance standards. Stephen Drizos, a long-term employee and financial advisor for PNC Investments, suffered from alcoholism. Some years after he began his employment, his alcoholism started to impact his attendance at […]

Managing the Challenges of Intermittent FMLA

In an earlier post, I reviewed the basics steps to take to avoid Family and Medical Leave Act (FMLA) mishaps and best practices to follow when eligible employees request FMLA leave. But, matters involving FMLA leave can quickly become complicated, especially in regards to the implementation of intermittent FMLA leave. Managing intermittent FMLA leave creates […]

Avoiding FMLA Mishaps

We all know the Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid medical leave to care for a serious medical condition of the employee or the employee’s family member. Despite the fact the FMLA is celebrating its 30th anniversary this year, employers are still grappling with its […]

Evolving HR: FMLA and the Modern Workplace

Employers with over 50 employees regularly address employees’ requests for leave under the FMLA. When the FMLA was originally enacted in 1993, the workplace looked a bit different than it does now. Most employees went to a main worksite and job applicants came to a location to apply for employment. In today’s work environment, many employees work […]

Don’t Get Burned by FMLA Leave Calculations During Summer Holidays

Summertime brings warm weather, planned vacations, and a number of state and federally recognized holidays. While long holiday weekends are often a time for celebration, cookouts, and a break from the typical 9-to-5, they also play an important role in calculating Family and Medical Leave Act (FMLA) leave. Recently, the U.S. Department of Labor (DOL) […]

Make Sure You’re Fit to Administer FMLA Fitness-for-Duty Requirements

Maybe you’ve experienced this: An employee has a serious health condition, you provide the required Family and Medical Leave (FMLA) paperwork, and the certification form either comes back not fully filled out or so vague that you’re unable to figure out whether a serious health condition even exists. In these circumstances, FMLA regulations spell out […]

How Changes to the ‘Family Glitch’ Affect Workplace Health Plans

Effective in 2023, a new set of rules will change eligibility requirements for the premium tax credit (PTC) created under the Affordable Care Act (ACA). Implemented by the IRS, these new cafeteria plan rules and regulations will now make it easier for an employee’s family members to enroll in subsidized health insurance through an exchange.

Qualified Immunity Defense May Apply to FMLA Claims

Government employees and officials are granted “qualified immunity” in suits where they act in good faith and with a reasonable belief that their actions comply with the law. Most frequently, qualified immunity is discussed in connection with cases alleging the use of excessive force by police officers. However, a recent case before the U.S. 8th […]