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Articles Posted in Family and Medical Leave

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Sorry, no, employers cannot unilaterally reduce FMLA leave entitlements below 12 weeks

“Oh, word?” — none of you, hopefully. The Family and Medical Leave Act states that an eligible employee “shall be entitled to a total of twelve workweeks of leave during any twelve-month period” for several qualifying reasons. When I look up the word “shall” in the dictionary, it says, “used…

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The lengths to which some will go to get FMLA leave — like faking pregnancy. . . three times

(Allegedly.) Three lies and no baby. According to a Georgia Office of the Inspector General (OIG), a state employee informed HR that she was pregnant in October 2020. Seven months later, in May 2021, she announced that she had given birth. The employer later received an email from an individual claiming…

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From the archives: 🔎Your post-Super Bowl guide to spotting employee FMLA or other sick leave abuse🔍

I had this great post planned for today about the millions of American workers who skip work the day after the Super Bowl — and what employers can do (legally) to address it. Then, I remembered that I wrote about it back in 2020. So, since I’m feeling lazy pragmatic,…

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What the heck is ‘bleisure’ and how could your company get sued over it?

People ask me if I like to read. Not so much anymore, outside of reading Harry Potter books to my kids and reading graphic novels (ok, fine, comic books) to me. Social media apps like LinkedIn have eroded my attention span. I can barely make it through a few hundred…

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Are you in HR for a multistate employer? You can be sued individually for FMLA violations … in another state!

Image Credit: pxfuel.com I’ll wait while you clean your screen of the coffee you just spewed from your mouth. Here’s a not-so-hypothetical situation: You’re a compensation and benefits manager working out of Connecticut. One of your employees — let’s call her Plaintiff — lives in Delaware but works at a…

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What REALLY happens when an employee doesn’t return completed FMLA paperwork?

medical form by Linseed Studio from the Noun Project I think we all need a break from the COVID-19 vaccination posts. So, let’s address your second-favorite HR topic: FMLA leave administration!!! Hey, put down that bottle! It’s only 8 am. I’ve got a not-so-hypothetical for you. Let’s say that you…

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Could Shock G a/k/a Humpty Hump have used FMLA leave to get a nose job?

All right! Stop whatcha doin’. ‘Cause I’m about to — school you on the Family and Medical Leave Act. Yes, it’s another hip hop employment law lesson, this time honoring the late great Gregory Edward Jacobs a/k/a Shock G a/k/a Humpty Hump. Shock G’s alter ego Humpty Hump was the…

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Before I get into that new CDC mask guidance, I owe you two more tips to avoid FMLA abuse

I still don’t regret buying this Krusty The Clown buff. Not one bit. On Monday, I’ll give you a thorough breakdown of yesterday’s CDC guidance for fully vaccinated individuals, including some initial thoughts on how to revise return-to-work/COVID-19 workplace policies. But now I want to pick up where I left…

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A federal appellate court just hooked you up with three tips to erase FMLA abuse

https://photofunia.com/results/609d0b06fe31e2521f8b456d (Although, technically, I’m the one hooking you up because you’re reading them here in this blog post. But, who’s counting?) Ok, fine, thank you, Eighth Circuit Court of Appeals, for this opinion. It involves a woman who missed a lot of work. Too much work, as the case may…