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Articles Posted in Family and Medical Leave

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Vacation Thread: It’s another FMLA warning about your dookie ‘no-fault’ attendance policy

By Ivan Curra, CC BY-SA 3.0, Link (Not pictured: Eric Meyer; probably off grabbing a Dole Whip (adult version) and a turkey leg). Folks, the blog posts may not be as fast and furious (i.e., daily) as usual this week. That’s because, yes, I am vacationing with the family in…

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FMLA forms may be changing soon. What will they say? How will HR cope? #breathe

Paperbaghead [Public domain], via Wikimedia CommonsCalm down, bruh. That bag is for breathing; not hiding from your employees. Earlier this month, the U.S. Department of Labor hooked us up with some guidance on whether an employee may take leave under the Family and Medical Leave Act to discuss a child’s…

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DOL: An employee may take FMLA leave to discuss a child’s special education needs at school.

Image by Clker-Free-Vector-Images from Pixabay Last week, the U.S. Department of Labor issued this opinion letter in which the DOL concluded that the FMLA covers a parent’s attendance at his/her child’s individualized education program (IEP) at school. Ultimately, this amounts to caring for a family member with a serious health…

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Here’s a sneak preview of the outtakes from my ADA/FMLA MEGA session at SHRM19 in Las Vegas

Image Credit: PhotoFunia.com (http://photofunia.com/results/5d0b63b54686797e398b4569) FOMO or Fear of Missing Out. According to Google, FOMO is “anxiety that an exciting or interesting event may currently be happening elsewhere, often aroused by posts seen on a social media website.” What I’m about to show you are the slides that were not good…

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You can’t fire an employee while on FMLA leave. Except when you can.

Image Credit: Pixabay.com Yesterday, I was reading this case about a woman who was fired while taking leave under the Family and Medical Leave Act. She later sued, claiming FMLA interference; i.e., that her employer had denied her FMLA benefits to which she was otherwise entitled. An employee fired while…

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You just approved FMLA leave for an ineligible employee. What now?

Image Credit: Pixabay.com (https://pixabay.com/illustrations/oops-reminder-post-note-sticker-1432954/) You just approved leave under the Family and Medical Leave Act for your employee so that she can attend to her sick mother who is in the emergency room at the hospital. You used the Notice of Eligibility and Rights & Responsibilities — good for you…

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U.S. Department of Labor flips the bird for FMLA-eligible employees who then try to decline FMLA leave

jlastras [CC BY-SA 2.0], via Wikimedia CommonsWell, not literally. But, bear with me, and it’ll all make sense in a minute. Can an employee decline FMLA leave? The Family and Medical Leave Act entitles eligible employees to take 12 weeks of job-protected leave in 12 months. Maybe, you’ve heard of it.…

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On the heels of its $15/hr. minimum wage hike, the hits keep coming in NJ. This time, it’s family medical leave.

Image Credit: Pixabay.com (https://pixabay.com/en/cheering-happy-jumping-people-297419/) We get it, New Jersey, you’re the most progressive. Like, “Hold my drink, Bernie Sanders” progressive. On Tuesday, New Jersey Governor Phil Murphy (D) announced that he had signed into law a sweeping expansion to the state’s paid family leave program. Here are some more details from…

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The Human Resources FMLA (and other questionable absences) Cheat Sheet for post-Super Bowl Monday

Teo’s89 [CC BY-SA 4.0], from Wikimedia CommonsIn between placing prop bets on the Super Bowl  LIII Halftime Show (courtesy of SportsInteraction) — for entertainment purposes only, of course — I read on the AP News wire, “Super Bowl Fever May Sideline Record 17.2 Million Workers on Monday.” Are you ready for…