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The Employer Handbook BlogShort of denying leave, an employer can still violate the FMLA just by discouraging someone from taking it
Two posts in one week about interference with Family and Medical Leave Act rights. Continue reading
Articles Posted in Family and Medical Leave
The FMLA does not require clairvoyance
“Clairvoyance,” that’s a 10th-grade word. Let me Google it just in case.
Ok, we’re good. Continue reading
Five ways that employers botch FMLA for mental health conditions (and how to get it right instead)
May is Mental Health Month. The U.S. Department of Labor’s Wage and Hour Division, which enforces the Family and Medical Leave Act, just dropped some additional resources for workers on their rights to take leave for serious mental health conditions and for employers to better understand how to comply with the FMLA.
Why did this company seemingly offer FMLA leave to an employee it planned to fire?
Last night, I went through my Google Drive of older cases about which I had intended to blog but never gotten around to it. And I found this Fifth Circuit Family and Medical Leave Act decision involving a company that fired an employee two months into his leave.
The issue was whether the employee had sufficiently pled causes of action for FMLA interference and retaliation. Continue reading
195,000 reasons to remember that state family leave laws don’t always track the FMLA
If you operate a business in a state that has a family and medical leave law, be careful when that state law does not overlap precisely with the Family and Medical Leave Act. Continue reading
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, you get to take a trip down memory lane.
What the heck is ‘bleisure’ and how could your company get sued over it?
People ask me if I like to read. Continue reading
Is this the worst batch of retaliatory emails I’ve ever read? Maybe.
Print this post if you want to discourage your managers and supervisor from putting dumb sh*t in emails that might one day get shown to a jury and end up costing your business a mint. Continue reading