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The Employer Handbook BlogDid an employee just discover an “FMLA loophole” to arbitration agreements?!?
Grab your pearls for clutching, and let’s get into this recent federal court decision to find out. Continue reading
Articles Posted in Family and Medical Leave
If you are tracking FMLA leave THIS WAY, you may be doing it WRONG!
Thank you for indulging me a day off from blogging yesterday. It’s tough to bounce right back when a referee rips your heart out of your chest with a ridiculous penalty call late in the fourth quarter of arguably the best Super Bowl game of all time.
At least I’m not salty about it.
This is how you determine whether a remote employee is FMLA-eligible
Employees are eligible for FMLA leave when they have worked for the employer for at least 12 months, have at least 1,250 hours of service for the employer during the 12-month period immediately preceding the leave, and work at a location where the employer has at least 50 employees within 75 miles. Continue reading
The FMLA does not protect employees from termination for unrelated reasons (like performance)
Blink twice if you know (or at least suspect) a poor-performing employee who complained about discrimination or sought leave under the Family and Medical Leave Act to insulate herself from discipline at work. Continue reading
DOL’s new resources for workers impacted by cancer will help employers avoid FMLA missteps too
Earlier this month, the U.S. Department of Labor announced that it had released New Resources for Workers Impacted by Cancer. Continue reading
Don’t have an FMLA call-in procedure so complex that not even HR can figure it out.
Under the Family and Medical Leave Act, employers may require an employee to comply with the employer’s usual and customary notice and procedural requirements for requesting leave, absent unusual circumstances.
But unless you fancy defending FMLA interference claims, the call-in procedures shouldn’t require an advanced degree. Continue reading
Not one, but two Friday freebies (including FMLA/ADA tips and tricks on Zoom today at Noon ET!!!)
Well, if you count The Employer Handbook itself, which email gods magically deliver to blog subscriber email inboxes every weekday following weeknights where I haven’t had too many blog-inhibiting adult beverages, I’ve got three freebies today. Continue reading
Here’s how an employer violated the FMLA and still won the interference claim
The complexities of the Family and Medical Leave Act can bollocks even multi-billion-dollar companies. But the case I’m going to tell you about today is a reminder that, at bottom, the FMLA is largely no-harm, non-foul. Continue reading
Join me on Friday, 11/18/22 at Noon ET for our next Zoom Happy Hour: Leave Management Cheat Codes and Hacks
The timing last night was perfect. Continue reading