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The Employer Handbook BlogOutside law firm defending company in FMLA claim gets sued for FMLA interference
Wait! That’s not a thing now, is it? IS IT!!!
I’ll be right back. I need to find my special set of “clutching” pearls.
Articles Posted in Family and Medical Leave
JOIN US: “The Employment Law Year in Review,” a free webinar on Thu, Dec 7, 2017 12:00 PM – 1:00 PM EST
I 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
Take a page out of this employer’s playbook for dealing with FMLA and absenteeism.
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
How much leave from work is unreasonable under the ADA? [SPOILER ALERT: Not much]
That’s because, last week, a federal appellate court held that long-term medical leave is not a reasonable accommodation under the Americans with Disabilities Act. Continue reading
A recreational marijuana user was blowin’ hella smoke with these FMLA arguments.
Remember that scene in Animal House, the one where Donald Sutherland is sitting around with Katy and the some of the Deltas, smoking pot and discussing solar systems and atoms on the fingernail of a giant being? Continue reading
This employer is probably kicking itself for not getting a separate general release
Today, I’m blogging about a company that wrote a settlement check, entered into something called a “Compromise and Release Agreement” (more on that in a bit) to resolve claims from a former employee, and now finds itself defending Family and Medical Leave Act claims.
That’s got me like…
What employers can learn from one company’s $747,320.66 FMLA mistake
The Department of Labor does most of the heavy lifting for you.
But, today’s blog post is a sobering reminder that when an employer provides DOL-prepared Family and Medical Leave Act paperwork to an employee, it’s just as important for the employer to complete its portion of the forms as it is for the employee to complete his or hers. Continue reading
Fact or fiction: The FMLA may protect pre-eligible employees
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.”
Let’s do an FMLA quiz. We know that an FMLA-eligible employee must check three boxes:
- Work at a location that employs 50 employees within 75 miles;
- Has at least 1,250 hours of service with such employer during the previous 12-month period; and
- Must be employed for at least 12 months by the employer.
So, does the FMLA protect from retaliation an employee who requests leave before the one-year anniversary of employment? Continue reading
Note to self: Refrain from using bag of tricks in Indiana.
What if.
I’m just saying, what if you could have an employee sign some sort of a contract, maybe an employee agreement, in which the employee agreed to shorten the statute of limitations on all employment claims to six months.
Given that employees often have years in which to assert claims, the ol’ statute-of-limitations shortener could be a gold mine!