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FMLA

Don’t expect quick dismissal of FMLA suit just because you have few employees

08/06/2018
A New York employer has learned the hard way that there’s no quick and easy way to get an FMLA case dismissed—even if it may not have enough employees to be covered by the law.

Even with FMLA, enforce no-show/no-call rule

07/24/2018
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 start of a shift if the employee is ill or has a medical emergency, even if it may be covered by the FMLA.

Calendar alert: Employees may have up to three years to sue for FMLA violations

07/13/2018
Generally, willful FMLA violations are those where it is clear the employer made little or no effort to learn what the FMLA requires or, knowing what the law requires, refused to comply. If a worker can show such disregard, he has up to three years to sue.

The top 10 FMLA mistakes that regularly trip up employers

06/27/2018
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.

Texas Supreme Court: FMLA leave doesn’t bar unemployment

06/27/2018
The Texas Supreme Court has decided someone on unpaid FMLA leave may be eligible for unemployment benefits.

Absences may disqualify disabled employee

06/26/2018
Employees who suffer from disabilities as defined in the ADA or serious health conditions as defined in the FMLA enjoy some job protections. But those protections are not unlimited.

Accommodation requires employee’s good faith

06/21/2018
An employee who makes a request for an ADA reasonable accommodation and is punished for doing so may have a retaliation claim. But she has to actually believe in good faith that the accommodation she is requesting will work.

Employment law update: FMLA & ADA, FLSA & higher education

06/14/2018
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.

Deny FMLA if clarification request goes unanswered

06/14/2018
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 or any other part of the certification is left blank, the employer can request clarification.

It’s all fun and games until joking about injuries leads to an FMLA violation

06/14/2018
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 fun of or humiliate someone who takes FMLA leave may also violate the law.