And by coffee, I mean turkey legs and frozen blueberry-mango rum lemonade. Whoa, whoa, whoa, slow down… You see that badge over there? You know what I had to do to get that badge?Buy the full version of Photoshop Spike the Kool-Aid of everyone on the SHRM Annual Conference Speaker…
Articles Posted in Family and Medical Leave
3d Cir: No FMLA interference where employee receives all leave requested
Now, before I get to the FMLA, let me talk about another recent decision from the New Jersey Supreme Court. On Monday, the high court ruled (here) that: Claims asserted under the “improper quality of patient care” provision of New Jersey’s Conscientious Employee Protection Act “must be premised upon a…
If you have questions today about FMLA/ADA leave issues, I’ve got your hook up
In two weeks, at the SHRM Annual Conference, I’ll be presenting “Meeting the Challenges That Leaves of Absence and Attendance Issues Present Under the FMLA and ADA.” The good news is that I have 75 minutes of HR greatness planned for my SHRM sesh. The bad news is that my…
Firing a sick employee just before she is FMLA-eligible is very risky
So, check this out. I read this case yesterday about an employee who provided her company with a November 12 doctor’s note, requesting that her hours be reduced due to her high-risk pregnancy. The employee would have become eligible for coverage under the Family and Medical Leave Act on November…
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…
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…
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…
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…
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…
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…