Articles Posted in Family and Medical Leave

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Happy belated 25th Birthday, Family and Medical Leave Act.

A couple of my blogging buddies, Jeff Nowak and Jon Hyman, formally recognized the occasion on Monday. Here is Jon’s post. Here is Jeff’s post.

Although I’m late to the party, I did bake a cake. And I today’s post is about a recent FMLA-decision-cum-HR/manager-screw-up that you may want to read all the way through to avoid a similar misfortune. Continue reading

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Over the Summer, I blogged here about the Seventh Circuit’s decision in Severson v. Heartland Woodcraft, Inc. (opinion here).

In Severson, the Court concluded that “a multimonth leave of absence is beyond the scope of a reasonable accommodation under the ADA….Simply put, an extended leave of absence does not give a disabled individual the means to work; it excuses his not working.” (my emphasis)

It’s an excellent opinion for employers, especially those that do business in Indiana, Illinois, and Wisconsin.

But, I want to use today’s post to refocus and remind you that leave can be a reasonable accommodation under the Americans with Disabilities Act. Continue reading

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I teased it yesterday when I speculated that Monday may be a pretty big Family and Medical Leave Act day around Philadelphia.

To back up my hypothesis, I scoured Twitter and YouTube for some likely candidates.

I hope that you have fun with this. (I, for one, may have peed a little).

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The title of this blog post is somewhat misleading.

Yes, this post combines cars and employment law. But, more than anything, it was just an excuse to use this cool image, play The Cars – a song called “Drive,” no less – and say, “Dude, where’s my car?”

You’ll see what I mean. Continue reading

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LEGO MARVEL AVENGERSI 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. But, if you need some enticement, check out the official trailer for Marvel’s The Punisher. It opens with Frank Castle as an early contender for Father Of the Year, teaching his kid Metallica on an acoustic guitar. Seconds later, Castle’s entire family is dead and he’s talking about infiltrating a covert CIA operation. And, at the 1:22 mark of the trailer, we have this exchange between Frank Castle and a sidekick:

Sidekick: You and me, we want the same thing. So, work with me.

Frank Castle: On one condition. I’m gonna kill ’em all.

Sidekick: Yeah, I can live with that.

Dammit, Netflix! Stop twisting my arm! Cause, it hurts so good.

***blows smoke and starts chewing bubble gum cigarette***

Now, if you’re going to circle one other date on the calendar, may I suggest December 7? Yep, I’ve buried the lede long enough. Continue reading

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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 gets not only FMLA leave but extra leave that exceeds his or her bank of time off.

Those employers, well, they’re shook!

Let’s see how one employer handled it the right way.
Continue reading

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