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Articles Posted in Family and Medical Leave

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JOIN US: “The Employment Law Year in Review,” a free webinar on Thu, Dec 7, 2017 12:00 PM – 1:00 PM EST

I had one date circled — one date between now and the end of the year. Later this week, on November 17, Netflix releases Marvel’s The Punisher. If you’ve dorked out gotten culture with any of The Defenders series, then, like me, you’ve been chomping at the bit for this release.…

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Take a page out of this employer’s playbook for dealing with FMLA and absenteeism.

When a company has an employee who is approved for leave under the Family and Medical Leave Act, sometimes that employer get nervous about parsing FMLA-qualifying absences from other sick days that have nothing whatsoever to do with the employee’s underlying serious health condition. The end result is an employee who…

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How much leave from work is unreasonable under the ADA? [SPOILER ALERT: Not much]

That’s because, last week, a federal appellate court held that long-term medical leave is not a reasonable accommodation under the Americans with Disabilities Act. 12 weeks of FMLA plus 2-3 more months of leave. The case is Severson v. Heartland Woodcraft, Inc., and you can read the Seventh Circuit’s opinion here.…

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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…