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Articles Posted in Family and Medical Leave

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How yesterday’s federal court strike of PA’s same-sex marriage ban affects employers

ICYMI, yesterday, the United States District Court for the Middle District of Pennsylvania ruled in this opinion that PA’s same-sex marriage ban is unconstitutional. How fitting that the first gay couple in Philadelphia to obtain a marriage license was Kerry Smith and Rue Landau, who serves as the Executive Director…

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Should U.S. employers provide “paid menstrual leave”?

  In Friday’s edition of The Atlantic, Emily Matcher’s “Should Paid ‘Menstrual Leave’ Be a Thing?” was shared over 12,000 times. The article notes that several Asian countries including Taiwan, Japan, South Korea, and Indonesia, offer “menstrual leave” for women endure painful periods. However, Ms. Matcher mentioned that, while many…

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Teacher can’t return to work two weeks after maternity leave ends, but may have an ADA claim

Recently, I gave a webinar about the interplay between the Family and Medical Leave Act and the Americans with Disabilities Act. One of the takeaways there was that, when an employee’s 12 weeks of FMLA leave expire, you need to be thinking about ADA implications rather than processing a pink…

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I ran my mouth for an hour and six minutes about the FMLA/ADA interplay

Only the dorkiest of HR/Lawyers dorks could appreciate this webinar. Here is the recording. Here are the slides. Happy dork day! * * * Want to dork-out even further? If you’re on LinkedIn, consider joining the discussion of news, trends and insights in employment law, HR, and the workplace, by…

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There is no right to be completely left alone while on FMLA leave

One of the questions I hear a lot from employers is: Can we communicate with employees on Family and Medical Leave Act leave and, if so, how much? I’ll get to that in a second. #HelpShaneFightCancer For the folks who missed my blog post on Friday, we’re trying to raise…

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FACT OR FICTION: You must provide FMLA to someone who “potentially” qualifies for it

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.” Employee comes to you with a leave request in which he potentially qualifies for FMLA. Must you provide it? Break…

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FACT OR FICTION: An FMLA-eligible employee can decline FMLA leave

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.” One of your FMLA-eligible employees walks into HR one day and says that she has a serious health condition and…

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Requiring a doctor’s note for each FMLA absence may be unlawful

Those four-letter federal employment statutes — FMLA and FLSA — can be a real pain in the ass, amirite? Today’s let’s focus on a major employer pitfall: intermittent leave under the Family and Medical Leave Act. The FMLA regulations define intermittently leave this way: “FMLA leave may be taken intermittently…

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FACT OR FICTION: Snow + Office Closed = FMLA Day

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.” One of your employees is currently using FMLA leave. Today, due to the winter storm, you’ve decided to close the…