FMLA

Employers May Use a Private Investigator to Validate an Employee’s Use of FMLA Leave
April 28, 2022
While there are plenty of employees who legitimately need and appropriately use Family and Medical Leave Act leave, there are some bad apples out there who abuse FMLA leave, and employers are often frustrated with how to deal with them.
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Maryland General Assembly Passes Paid Family and Medical Leave – What’s Next for Employers?
April 6, 2022
It provides for up to 12 weeks of paid leave for reasons that are mostly covered by the federal Family and Medical Act, and an additional 12 weeks if an employee requires both leave for their own serious health condition and to care for a child after birth/adoption/foster placement.
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Extraordinary Employee Misconduct: Making Snowboarding Movies While on FMLA?
October 8, 2021
A former Behavior Detection Officer for the TSA who worked at the Honolulu International Airport was fired for Family and Medical Leave Act abuse after his employer discovered that he was making snowboarding movies while apparently using FMLA to take an extended vacation.
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“Taking a Trip Is Not Protected Activity Under the FMLA”
April 28, 2021
A federal court tossed an employee’s rather cheeky claims of interference with her rights under the Family and Medical Leave Act, as well as retaliation for taking FMLA leave, when she was fired after taking a trip to Thailand
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Massachusetts: Department of Family and Medical Leave Finalizes Revised PFML Regulations
September 22, 2020
More changes to the Massachusetts Paid Family and Medical Leave (PFML) regulations.
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Extraordinary Employee Misconduct: FMLA Does Not Cover Travel to and from an NFL Game
March 12, 2020
This installment in our occasional series of extremely poor judgment by employees illustrates the point that social media has led to the downfall of many an FMLA abuser.
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There Is No Delay When It Comes to FMLA: Union Workers Cannot Delay FMLA Leave According to Recent DOL Opinion Letter
November 8, 2019
The Wage and Hour Division of the U.S. Department of Labor has issued guidance that collectively-bargained leave policies cannot supersede the requirements of the Family and Medical Leave Act, even if the bargained-for policies are more generous.
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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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