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Employees may bring two types of Family and Medical Leave Act (FMLA)-related claims against their employers: first, interference with their rights under the FMLA, and, second, retaliation against them for requesting time off under the FMLA, exercising rights under it, or making a claim.
In our last installment, we covered moonlighting under the Family and Medical Leave Act (FMLA), and whether or not it constitutes as FMLA abuse. This article will cover dealing with subtle FMLA abuse.
We have a team member who is currently on an intermittent leave certified at up to 12 days per month. Her scheduled hours are Monday through Friday, 8 hours per day. She misses her maximum amount of days every month. Is there some sort of threshold that we can refer to when it comes to […]
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 […]
By Kate McGovern Tornone, Editor An employer does not have to provide indefinite intermittent leave to an employee as a reasonable accommodation, the 6th U.S. Circuit Court of Appeals—which covers Kentucky, Michigan, Ohio, and Tennessee—has ruled.
By Kate McGovern Tornone, Editor A manager cost her company $500,000 when she told an employee taking intermittent Family and Medical Leave Act (FMLA) leave to “get it together,” and asked the employee to take a continuous leave.
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 […]
Is an employer required to allow for intermittent time off due to military service? Can an employer require employees to provide proof of the need for intermittent time off?
The landscape of employer leave management continues to undergo change and is increasingly complex. However, results of the fifth annual DMEC Employer Leave Management Survey show that employers of all sizes are mastering compliance and other challenges posed by new leave laws and reinterpretations of regulations.
By John S. Gannon, JD, Skoler, Abbott & Presser, P.C As employment litigation becomes more and more prevalent, employers are left wondering whether it’s ever safe to fire employees who violate company policy. Courts and administrative agencies have ruled against employers that have fired employees for improprieties such as shouting obscenities in the workplace or […]