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Last month, the U.S. Department of Labor (DOL) released new model forms that employers can use to coordinate employee leave under the Family and Medical Leave Act (FMLA). Released on July 16, 2020, the revised medical certification and notices forms were immediately effective and available for employers to use.
In this article series, we’ll focus on the intersection of the Family and Medical Leave Act (FMLA) and how it affects many other laws, including the Americans with Disabilities Act (ADA), workers’ comp, and other state laws that apply to medical or disability leaves. Additionally, the FMLA may intersect with a variety of employer-provided leaves […]
Determining when an employee’s medical condition requires time off from work can get tricky. No one wants to require a worker too sick to be productive to come to work, but employers also have to be on guard against employees trying to use sick days to squeeze in a little extra vacation time. Many employers […]
by Jason R. Mau, JD, Greener Burke Shoemaker Oberrecht, P.A. Recently, the Idaho Supreme Court released an opinion in which it upheld a district court’s dismissal of an employee’s claim that his employer interfered with his request for Family and Medical Leave Act (FMLA) benefits.
This article series covers managing medical certifications under the Family and Medical Leave Act (FMLA). In the last installment we covered recertificaiton, here we’ll go over return-to-work (RTW) or fitness-for-duty (FFD) certifications.
By Steve Jones, JD, Jack Nelson Jones & Bryant, P.A The U.S. 8th Circuit Court of Appeals—which covers Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota—recently affirmed an Arkansas district court’s ruling that the termination of a juvenile detention officer didn’t amount to discrimination under the Americans with Disabilities Act (ADA) or retaliation […]
This article series covers managing medical certifications under the Family and Medical Leave Act (FMLA).
We have an employee whose wife has a serious, chronic health condition. He has approved intermittent FMLA. We are suspicious of FMLA abuse–that he is taking advantage of it and uses his wife as an excuse for all of his absences, which are frequent. Can we ask for a doctor’s note each time he has […]
Questions regarding the Family and Medical Leave Act (FMLA) can get tricky. For example, if an employee is off work because of a medical condition, can the employer start the FMLA clock ticking even if the employee doesn’t want his time off counted against his FMLA leave allotment? And what about an exempt employee who […]
By Jason Ritchie The Family and Medical Leave Act (FMLA) can be one of the most daunting employment laws HR has to deal with. There are very specific rules and procedures that must be followed to ensure that both employee and employer are protected. Recently, employment law attorneys from Holland & Hart in Billings, Montana, […]