Tag: FMLA leave

Employee Fired for Excessive Absences After Making Need for FMLA Leave Known

The Family and Medical Leave Act (FMLA) prohibits an employer from interfering with an employee’s right to take medical leave. When pursuing such a claim, an employee need not allege the employer intended to deny the benefit, just that it was withheld. The employer’s motives are irrelevant when determining whether interference occurred. Of course, the […]

Ask the Expert: Voluntary Benefits During Unpaid Leave

In our latest installment of Ask the Expert, brought to you by the team of industry experts at HR Hero®, we look at a recent question from a subscriber regarding the recommended management and payment of voluntary benefits for employees while they are out on unpaid leave. Q: How should employers handle voluntary benefits when employees are […]

Ask the Expert: Rehire Waiting Period?

In our latest installment of Ask the Expert, brought to you by the team of industry experts at HR Hero®, we look at a recent question from a subscriber who is looking to rehire a former employee and would like to understand if the same waiting period rule applies as with a new employee. Q: What […]

Federal Appeals Court Finds Town’s Decision Not to Reappoint Employee on FMLA Leave Lawful

The town of Kingston didn’t violate the Family and Medical Leave Act (FMLA) or state disability discrimination laws when it decided not to reappoint an employee on FMLA leave to her position after her predetermined term expired, the U.S. 1st Circuit Court of Appeals (which covers Massachusetts employers) recently ruled, upholding a lower court’s opinion. […]

Ask the Expert: FMLA and Caring for Family Members

In our latest installment of Ask the Expert, brought to you by the team of industry experts at HR Hero®, we look at a recent question from a subscriber regarding FMLA regulations and the coverage provided to employees who are caring for family members. See what the experts had to say. Q: An employee’s parent is […]

Make Sure Your Parental Leave Policy Is Ready for Post-COVID-19 Baby Boom

Early during the COVID-19 pandemic, there was speculation about a baby boom in the coming months because couples were spending virtually all their time at home together, perhaps with too much “downtime.” An immediate boom ended up not occurring, according to a recent study by University of Michigan researchers. But, the slight pause in pregnancy and childbirths […]

Lack of Documentation Hinders Employer’s Ability to Deal With Suspected FMLA Abuse

On August 6, 2021, the U.S. District Court for the District of New Jersey denied requests by both an employer and an employee to resolve a dispute over abuse of leave under the federal Family and Medical Leave Act (FMLA) and the New Jersey Family Leave Act (NJFLA), which both give eligible employees job-protected time […]

Court Deems Broken Toe and Voicemails Were Sufficient for FMLA Claim

Does a broken toe amount to a serious health condition under the Family and Medical Leave Act (FMLA)? It depends on the circumstances. But an Ohio federal district court recently held an employee’s FMLA interference claim can go to trial in a case where there was a dispute of whether his broken toe constituted a […]