Can an Employer Deny FMLA Leave After Mistakenly Telling Employee He Is Eligible?

by Daniel B. Gilmore If an employee is admittedly ineligible for leave under the Family and Medical Leave Act (FMLA) but his employer mistakenly informs him that he is eligible before he takes leave, should the employer be prevented from denying his request? The Sixth U.S. Circuit Court of Appeals recently addressed that question and […]

What to Do When Contagious Illnesses Come to Work

by Susan Fahey Desmond You’ve probably had enough of hearing about the swine flu (now called the H1N1 virus). It’s front-page news across the world. We are now in a full pandemic as defined by the World Health Organization, but the first thing to understand is not to panic. Your company may already have been […]

FMLA Leave: Military Caregiver Leave

by Susan M. Webman and Burton F. Fishman Fortney & Scott, LLC Last week, we looked at the similarities and differences between traditional Family and Medical Leave Act (FMLA) leave and the new qualifying exigency military FMLA leave. This week we look at military caregiver leave. The rules for employer coverage (employing 50 employees within […]

Employer May Be Liable for Actions Taken Against Alcoholic Employee

by Dara Wanzer Complicated legal and moral issues may occur when an employee who has taken medical leave under the Family and Medical Leave Act (FMLA) for alcohol-related health issues returns to employment. The Tenth U.S. Circuit Court of Appeals recently considered some of those issues and found that under certain circumstances, alcoholism can be […]

Military FMLA Leave: Qualifying Exigency Leave

by Susan M. Webman and Burton F. Fishman Fortney & Scott, LLC Employees already eligible for leave under the Family and Medical Leave Act (FMLA) with family in the military are entitled to two new forms of FMLA leave benefits — qualifying exigency (QE) leave and military caregiver leave (MCL). The rules for employer coverage […]

Employers Should Prepare in Case Swine Flu Returns this Fall

A swine flu pandemic was a no-show this past spring, but there’s no guarantee it won’t come roaring back when the regular flu season gets under way this fall. Swine flu (also called the H1N1 virus) should be taken seriously because this particular strain hasn’t been seen before, so people haven’t built up natural immunity. […]

Teaching Supervisors to Listen Is Key

Training your workforce from top to bottom is important so that everyone has a clear understanding of your company’s commitment to providing a fair and productive environment for all employees. And while it’s true that we can explain the various employment laws and reiterate that they require compliance from all of your employees (and that […]

Legislation Introduced to Revise the FMLA

Apparently, Congress isn’t done expanding the Family and Medical Leave Act (FMLA.) Just a few weeks ago, two different bills were introduced in the U.S. House of Representatives that would expand the scope of the Act. FMLA Compliance Manual, including a quarterly compliance bulletin with updates on the FMLA Specifics of proposed legislation On April […]

When Are Chiropractors ‘Health Care Providers’ Under the FMLA?

A little-known provision of the Family and Medical Leave Act (FMLA) makes treatment by a chiropractor different from treatment by almost any other health care provider. Let’s take a closer look at that provision. HR Guide to Employment Law: A practical compliance reference manual covering 14 topics, including FMLA What FMLA says about chiropractors The […]

Attacking Motherhood and Apple Pie: Pregnancy Discrimination in the Workplace

by Al Vreeland What could be more noxious to the American soul than an assault on motherhood? We all have a mother (though some might question the genetic origin of lawyers). Many of us return to her apron strings when we need reassurance that we haven’t become fat and stupid (or at least completely so). […]