Tag: FMLA

arbitration

Court Upholds Dismissal After Employee Couldn’t Prove Monetary Damages

The U.S. 7th Circuit Court of Appeals (whose rulings apply to all Illinois, Indiana, and Wisconsin employers) recently interpreted the Family and Medical Leave Act (FMLA) in a case involving an interesting set of facts. The employer altered an employee’s position while he was on leave, but his compensation was frozen at a pre-leave level […]

Employer’s Ambiguous Communications Lead to Trial in FMLA Case

Ambiguous and confusing communications by an employer and benefits administrator to an employee about her Family and Medical Leave Act (FMLA) and short-term disability (STD) leave requests created issues of fact for a trial to decide, a federal district court in Columbus recently ruled. Facts Abby Knaup worked for Molina Healthcare of Ohio from April […]

Burnout Isn’t Serious Health Condition Under the FMLA

In our pandemic world, mental health is important, and normal stressors such as work, finances, education, and childcare have been exacerbated by health concerns, exhaustion, isolation, and alienation. For essential workers, particularly medical workers on the COVID-19 frontlines, burnout is a reality.

How to Comply With Conflicting Certification Requirements Under FMLA and CFRA

California employers must comply with the federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) and, if there is a conflict, follow the law that is most beneficial to employees. This article provides tips on how to satisfy your medical certification obligations under those statutes.

Lululemon Expands Full Paid Parental Leave

Having children is a momentous occasion for anyone and often means big changes in one’s personal life. But for those of us in the working world, our personal lives are often inexorably intertwined with our work lives.

FMLA

Calling all Florida Employers: You Can’t Delay Designating FMLA Leave

On March 14, 2019, the U.S. Department of Labor (DOL) issued a new opinion letter addressing whether an employer may delay designating paid leave as Family and Medical Leave Act (FMLA) leave. The issue often arises when employees who need time off ask to use their paid leave first and advise the employer that they […]

FMLA Leave: Tom Brady Plays Through the Pain–Why Can’t You?

It’s no-pain, no-gain for Tom Brady, but pressuring employees to work while injured may violate the Family and Medical Leave Act (FMLA). Love him or hate him, you have to give it to Tom Brady–the man is dedicated to his sport. Last week, he was called upon once again to play through the pain and […]

When Weather Affects Your Business and Employees

Raise your hand if your business has not been disrupted by the weather in 2011. In the past two months, large parts of the Southeast and Midwest have been reeling from record numbers of devastating tornadoes; the West Coast had tsunami warnings following the earthquake in Japan; and the Mississippi River and its tributaries have […]

DOL Provides Crucial New Information on Lawyer Referral Program

by Leslie Stout-Tabackman and David Fortney, Fortney & Scott, LLC This article arises from comments on the “Bridge to Justice” program by U.S. Department of Labor (DOL) Solicitor Patricia Smith during the panel discussion “The Obama Administration’s Enforcement of the Wage and Hour Laws” at the Practicing Law Institute’s (PLI) “Managing Wage & Hour Risks […]

Top 10 Potential Perils of Employment Policies

Almost every employer has policies. The question is, where do they come from? They come from HR, right? But where does HR get them? They must get them from somewhere. And what if you don’t have an HR department? Then someone must have to — gasp — write them. We’re talking about your employment policies […]