An employer fires an employee after the company has approved him for intermittent leave under the Family and Medical Leave Act. The employee begins taking leave in separate blocks of time for a single qualifying reason. Then, the employer fires the employee. So the employee claims FMLA interference.
What exactly is FMLA interference? How does an employee prove it? And what are some defenses? Continue reading
The ink was barely dry on the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization when the U.S. Department of Labor released a statement in which the agency confirmed that it would continue “empowering women using every tool” available. Continue reading
Two posts in one week about interference with Family and Medical Leave Act rights. Continue reading
“Clairvoyance,” that’s a 10th-grade word. Let me Google it just in case.
Ok, we’re good. Continue reading
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.
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
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
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.
The Employer Handbook Blog
