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Articles Posted in Family and Medical Leave

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A recreational marijuana user was blowin’ hella smoke with these FMLA arguments.

  Remember that scene in Animal House, the one where Donald Sutherland is sitting around with Katy and the some of the Deltas, smoking pot and discussing solar systems and atoms on the fingernail of a giant being?  I kinda had that feeling as I read this recent opinion in…

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This employer is probably kicking itself for not getting a separate general release

Today, I’m blogging about a company that wrote a settlement check, entered into something called a “Compromise and Release Agreement” (more on that in a bit) to resolve claims from a former employee, and now finds itself defending Family and Medical Leave Act claims. That’s got me like… [Cue music]…

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Fact or fiction: The FMLA may protect pre-eligible employees

That’s right folks. It’s time for another edition of “Fact or Fiction” a/k/a “Quick Answers to Quick Questions” a/k/a QATQQ f/k/a “I don’t feel like writing a long blog post.” Let’s do an FMLA quiz. We know that an FMLA-eligible employee must check three boxes: Work at a location that…

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No take backs! Employer rescinds a termination, but can’t dodge a discrimination claim

The rules of the playground apply with equal force at work. Except, no cooties. [For my email subscribers, sorry about the deluge of posts today. We had some technical difficulties with the email feed over the past two days. I apologize. But, you guys get what you pay for.] Yesterday,…

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Note to self: Refrain from using bag of tricks in Indiana.

What if. I’m just saying, what if you could have an employee sign some sort of a contract, maybe an employee agreement, in which the employee agreed to shorten the statute of limitations on all employment claims to six months. Given that employees often have years in which to assert…

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I’ll hang out for a bit while you grab the maximum-leave policy in your employee handbook

Don’t have one? Good. You can skip today’s post. As for the rest of you, say a silent prayer to whatever higher power you believe in, email me a thank you, and read on… Yesterday, some of my buddies and I delivered the second of two continuing legal education sessions…

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The 6 Ways “Covfefe” Can Improve HR Compliance

It all began last week with a (possible) typographical error in a tweet from our 45th President, “Despite the constant negative press covfefe.” At first, President Trump’s tweet confused us; “covfefe” even stumped a spelling bee champ while creating a spike in demand for novelty license plates. But then President Trump doubled down on Twitter, “Who…

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Someone who doesn’t know that they have a serious health condition can still get FMLA, you guys.

The Family and Medical Leave Act enables eligible employees to take leave for up to 12 weeks in a 12-month period for their own serious health condition, among other things. How do you know if an employee is requesting FMLA leave? Do they have to say “F-M-L-A”? Heck no! But, they…