FMLA Vacation - $2 Million Jury Award
August 1, 2019
Employers have the right to act when in good faith they believe that an employee is abusing Family and Medical Leave. The risk an employer faces is when an employer’s lack of knowledge of the Family Medical Leave Act results in a mistaken belief that FML has been abused.
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Be VERY CLEAR In Your Communications About FMLA!
April 17, 2019
A recent Family and Medical Leave Act case provides a lesson for employers. Curlee v. Lewis Bros. Bakeries Inc. of Tennessee highlights the need for employers to be very careful and very clear in their verbal communications with employees about Family and Medical Leave Act obligations.
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DOL Provides Guidance on No-Fault Attendance Policies in FMLA context
December 7, 2018
The DOL has issued an opinion letter addressing whether points earned under a “no-fault” attendance policy can stay on an employee’s record while the employee is on FMLA leave even if the points otherwise would have been erased if the employee had been working.
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Paying Out a Year-End Bonus or an Incentive Payment: Can an Employer Withhold the Money from the Employee Who Took FMLA Leave?
December 6, 2018
It’s the end of the year, which means bonus time.
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FMLA Protection Before FMLA Eligibility
November 30, 2018
What if an employee is mistakenly told that the employee’s absence will be covered under FMLA when the employee is not yet eligible for such protection?
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Employers Beware: What You Say Can and Will Be Used Against You!
November 16, 2018
Any HR professional who has dealt with the Family and Medical Leave Act knows that determining when and how the statute applies can be very tricky.
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Want to Crack Down on FMLA Abuse? Try the Chicago Way
October 26, 2018
Picture a 911 call center deep in the City of Chicago. Pretty busy, yes? And like many other call centers, this 911 call center has plenty of employees who take FMLA leave.
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FMLA FAQ: Can Foster Parents Take an Additional 12 Weeks of FMLA Leave After They Adopt a Child?
October 19, 2018
Under the FMLA, foster care is defined as: 1) 24‑hour care for children in substitution for, and away from, their parents or guardian; and 2) The placement into foster care involves state action, voluntary or involuntary removal of the child from the parents or guardian, and an agreement between the State and foster family that the foster family will take care of the child. 29 CFR 825.122(g)
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Employers, Why Don't You Require That Employees Call Two Phone Numbers to Request FMLA Leave?
September 21, 2018
I conducted FMLA training this week for a client making fairly significant changes to the manner it administers FMLA leave. They not only are educating managers about their role and responsibilities under the FMLA, but empowering them to play a key role in reducing FMLA abuse.
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DOL Issues New FMLA forms and FMLA Opinion Letter
September 18, 2018
In recent weeks, the federal Department of Labor has been busy addressing various Family and Medical Leave Act (FMLA) issues.
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Pregnant Woman Fired by Text Message: "Sorry...But It's Not Going to Work Out"
September 6, 2018
File this in the “Managers really can be idiots” folder.
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“No-Fault” Attendance Policies and Roll-Off Attendance Points under the FMLA
September 5, 2018
It is a question that often plagues Human Resources Departments: To what extent do company policies regarding attendance apply to employees on protected leave?
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Oct 13

New @SHRM Court Report: Notre Dame Lawfully Fired Tenured Professor

Oct 13

Unfettered Free Speech or Profane Outbursts? NLRB Invites Input to Determine Scope of Section 7 Protection

Oct 10

A Halloween Tale: Ghosted by Laws that Are Passed But Not Implemented!