Workers have just two years to file a lawsuit over alleged FMLA violations unless they can prove their employer willfully violated the law. If they can, they get another...
Managing FMLA intermittent leave can be vexing, but employers do have some tools to combat leave abuse. One of the most important is FMLA certification. Here are four...
Employers can and should set reasonable standards for how employees let their bosses know they won’t be coming to work. Those rules can require calling in before the...
If a worker can show that his employer willfully violated the FMLA, he has up to three years to sue. Read the recent court case that demonstrates this.
Despite many courts’ attempts to make the FMLA into the next statute where attorneys utter the dreaded answer of “it depends,” some common mistakes can be avoided.
You can require employees seeking FMLA leave to have their health care provider submit a certification form estimating how long the medical condition will last. If that...
Employers don’t have to comply with the FMLA unless they employ 50 or more employees. However, they can’t escape being covered by creating smaller, wholly owned...
While adverse actions such as termination are classic examples of retaliation and dissuasion, other acts may also make the cut. For example, a concerted campaign to make...
A state court has issued an injunction exempting employers that are not based in Minneapolis from having to comply with the Minneapolis paid sick leave ordinance.
Not every employee who needs FMLA leave has to take a continuous block of time off. They may need short amounts of leave to go to medical appointments, check in for...
Here are updates on the interaction between the FMLA and the ADA, and on the U. S. Department of Labor’s new guidance on the FLSA and higher educational institutions.
You can’t require employees to work when they are out on FMLA leave. However, you can offer them the option of doing some work, as long as it is not presented as a...
A federal court in Texas has concluded that attendance can be considered an essential function of a job. A disabled worker who can’t make it to work with some...
What are California’s rules on pregnancy leave? ... How should we handle pay while someone is out on pregnancy disability leave? ... How to count pregnancy disability...
Generally, time spent on FMLA leave can’t be counted against an employee when, for example, tallying absences under a no-fault attendance program. However,...