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 […]
In the last installment, we covered the differences between intermittent leave and reduced schedule leave. This article focuses on intermittent leave management under the Family and Medical Leave Act (FMLA), including information on leave tracking and medical certification.
If an employee unequivocally states she’s not returning to work, your duties under FMLA of job restoration and to maintain health benefits end, subject to your healthcare continuation duties under the Consolidated Omnibus Budget Reconciliation Act (COBRA).
By Tom Harper, The Law and Mediation Offices of G. Thomas Harper, LLC A federal district court in Miami has denied an employer’s request that it dismiss a lawsuit brought by an employee it refused to reinstate because she wasn’t “100% cured” and fully released to return to work with no restrictions after her medical […]
This article series covers managing medical certifications under the Family and Medical Leave Act (FMLA). In the previous article, we covered the how to request a medical certification, here we’ll go over authentication, clarification, and second opinions surrounding medical certification. The FMLA regulations offer procedures for authenticating and clarifying medical certifications.
This article series covers managing medical certifications under the Family and Medical Leave Act (FMLA).
by Lisa Berg One of employers’ most common complaints about administering Family and Medical Leave Act (FMLA) leave is employees’ tendency to abuse intermittent leave. When combatting this type of fraud, employers must navigate tricky U.S. Department of Labor (DOL) regulations as well as federal court rulings that limit the type of information that can […]
Most employers require medical certification when administering FMLA or CFRA leave of absence requests. But the certification process isn’t always as cut and dry, especially in California. For instance, what should you do if the documentation from a healthcare provider is vague, incomplete, or ambiguous? What can you legally do if the documentation doesn’t provide […]
by Charles S. Plumb Understanding and applying the rules of the Family and Medical Leave Act (FMLA) causes employers and HR professionals untold frustration — frustration that’s heightened by employees who unfairly take advantage of the Act and its complexities. Here are some practical suggestions for enforcing the FMLA and cutting down on FMLA abuse […]
by Susan M. Webman and Burton F. Fishman of Fortney & Scott, LLC The new Family and Medical Leave Act (FMLA) regulations, while not a panacea for the long-standing problem of employees using FMLA rights as an excuse to take leave on an intermittent and, at times, seemingly irrational basis, do offer some help in […]