The Family and Medical Leave Act allows an employer to require that a employee’s request for FMLA leave be supported by a certification issued by the employee’s health care provider. An example of one of the right ways to do this, from a recent federal-court decision, follows after the jump……
In this case of first impression in the Third Circuit Court of Appeals, which covers PA, NJ, DE, and USVI, the court ruled that a supervisor in a public agency may be subject to personal liability under the Family and Medical Leave Act. The court further emphasized that there is “no…
The United States Department of Labor announced here yesterday that it is issuing proposed rules that would expand military family leave provisions under the Family and Medical Leave Act and incorporate a special eligibility provision for airline flight crew employees. Details and links after the jump… * * * The…
Last month, the U.S. Department of Labor published new fact sheets on its website. Employers and employees alike will want to check these out: Here is a link to the FLSA fact sheet. This fact sheet provides general information concerning the FLSA’s prohibition of retaliating against any employee who has…
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”. So, let’s get right to today’s question: That Eddie Employee is a gamer. While filling up at the Gas-N-Gulp on…
Back in 2005, a Pennsylvania federal court recognized in this opinion that an employee’s FMLA rights become sacrosanct upon requesting FMLA — even if the employee is not yet FMLA-eligible — provided that the employee has satisfied all FMLA service requirements when the FMLA begins. Where would this most likely arise?…
As the year draws to a close, let’s take a look back at the most popular posts at The Employer Handbook in 2011, based on number of hits: 5. Social media and the workplace. School teacher Natalie Munroe made several appearances on the blog this year. Remember her? She…
A NJ court recently held that a business can force an employee to arbitrate FMLA claims — even if the arbitration agreement that the employee signs does not contain a specific FMLA waiver. How does this all work? Well, according to the NJ Superior Court in Flores-Galan v. J.P.…
So, yeah, in cased you missed it, yesterday, was part one of a gripping two-part series about how employees who share XXX at work tend to get the short-end of the litigation stick should they later decide to sue their employers. Today, we conclude this series — thankfully — with…
If you have 50 or more employees, you must abide by the Family and Medical Leave Act. The FMLA affords up to 12 workweeks of leave in a 12-month period, among other things, to care for a parent with a serious health condition. But let’s say that you have dropped the…