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Question: What can employers do when they doubt an employee’s certification for leave under the Family and Medical Leave Act (FMLA)? Answer: If an employer doubts the validity of an employee’s FMLA certification, it may require the employee to get a second opinion from a healthcare provider. Generally, for employees to be granted leave under […]
Within the last year, interesting trends have emerged from federal courts on a variety of important ADA issues. Striking somewhat of a balance, courts have tended to be more favorable to employers in deciding which functions of a job are truly “essential.” Conversely, many courts have sided with the employee regarding the sufficiency of the […]
Meet Erin Dertouzos, Chief People Officer at strongDM – a people-first access platform that gives technical staff access to the infrastructure they need to be productive. Erin believes that recruitment is about having the right people in the right roles at the right time and leaders are responsible for creating a North Star with clear […]
Even with absences covered by the Family and Medical Leave Act (FMLA), an employer is entitled to put policies in place describing how employees must notify the employer about their health-related absences. As the means of communicating with supervisors have changed and increased over time, whether an employee has given adequate notice of their absence […]
One of the things that happens with the Family and Medical Leave Act (FMLA) is a disconnect between the complex structure of the FMLA and its practical application. Plaintiffs’ attorneys will sometimes assert that they don’t understand how there could be an FMLA issue given that the structure is “so easy to understand.” That’s typically […]
While most employees take Family and Medical Leave Act (FMLA) leave for legitimate qualifying reasons and use it appropriately, we all know about occasions when they abuse the Act. Read on to learn more about how to combat FMLA fraud.
An employer’s request for medical recertification to establish eligibility for Family and Medical Leave Act (FMLA) leave didn’t violate the Act, the U.S. 8th Circuit Court of Appeals (which covers Arkansas) recently ruled. Missing 16 consecutive days rather than the expected four to five days set forth in the original medical certification was a significant […]
(Updated Jan. 11, 2010) A case of first impression! While those words may mean little to you, dear readers, rest assured that when the First U.S. Circuit Court of Appeals issues a decision interpreting specific provisions of the Family and Medical Leave Act (FMLA) for the first time, we leap for joy — especially since […]