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FMLA Law News Upate July 29, 2010

fmlalaw — Thu, 29 Jul 2010 11:12:36 +0000

Highland Village Accused of Violating FMLA – Family Medical Leave Act
By Laura Fishman
A former captain with the Highland Village Fire Department has hired a Texas employment lawyer to represent him… – Family Medical Leave.
The Houston Employment Law Blog – http://houstonemploymentlawsblog.com/

Employee’s Headache No Excuse For Insubordination : FMLA Insights …
By wrp@franczek.com (Bill Pokorny)
Under the FMLA, an employer’s obligation to provide leave arises only after an employee gives notice that he or she needs FMLA leave. However, it is well-established that an employee need not explicitly mention the FMLA when requesting …
FMLA Insights – http://www.fmlainsights.com/

» FMLA vs STD Human Resource Blog
By Caitlin
I am considering foot surgery (6-8 weeks off) and I was wondering which one FMLA or Short Term Disability would work in my case? We do not employ 50 + people and we are not a government agency.I am not even sure as an employer if FMLA …
Human Resource Blog – http://www.humanresourceblog.com/

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FMLA Case Law Update – Wisbey v. City of Lincoln

fmlalaw — Wed, 28 Jul 2010 19:50:37 +0000

Plaintiff Charlene K. Wisbey worked for the City of Lincoln as an Emergency Dispatcher II. In that position, she would receive calls for emergency service and dispatch emergency service units. Because of the gravity of the situations encountered on the job, the City required her to function accurately while working under considerable pressure and to think and act quickly and calmly in emergency situations.

Wisbey applied for FMLA intermittent leave after exhausting her sick leave with the City. She made her FMLA intermittent leave application in February 2007 on the basis of depression and anxiety. She indicated on her application that she had a serious health condition that made her unable to perform the essential functions of her position. She also submitted a medical certification from her physician that stated she “suffer[ed] from recurring cycle depression, anxiety [which] interferes with her sleep, energy level, motivation, [and] concentration . . . .” Her doctor’s certification also indicated that, although Wisbey was “able to perform any one or more of the essential functions of [her] job,” she would need to take time off work intermittently over the “next 6 months or longer.” Her physician left the blank labeled “anticipated return to work date” empty.

After receiving this certification, the City requested that Wisbey undergo a fitness for duty exam to determine if Wisbey was qualified to continue to work as an emergency dispatcher. After the examination, the City’s doctor submitted a report with his findings indicating that Wisbey suffered from “chronic relapsing depression (unipolar depression) which intermittently interferes with her ability to function at full capacity at work vis-á-vis tiredness” and that she was not “fit for duty as described in her job description, especially as related to tiredness, her ability to concentrate and her ongoing propensity to likely miss work.”

After receiving the report, the City placed Wisbey on administrative leave. Later, the City terminated her employment stating that she was unfit for duty and that she should pursue long term disability benefits. Wisbey filed suit claiming that the City violated her rights under the Americans with Disabilities Act and the Family and Medical Leave Act.

The appeals court evaluated her claims after the district court awarded summary judgment to the employer. The appeals court first considered her interference claim under the FMLA and reasoned that the City could not have interfered with Wisbey’s FMLA rights as she was never entitled to FMLA leave. The court placed its reliance in the case of Spangler v. Fed. Home Loan Bank of Des Moines, 278 F.3d 847, 853 (8th Cir. 2002) which stated: “The FMLA does not provide an employee suffering from depression with a right to unscheduled and unpredictable, but cumulatively substantial,
absences or a right to take unscheduled leave at a moment’s notice for the rest of her career. On the contrary, such a situation implies that she is not qualified for a position where reliable attendance is a bona fide requirement.”

Wisbey’s request for intermittent leave under the FMLA for six months or longer rendered her ineligible for FMLA leave from the outset.

The Eighth Circuit Court of Appeals was similarly terse when ruling upon Wisbey’s FMLA retaliation claim. It merely indicated that Wisbey failed to establish a causal connection between her application for FMLA leave and her termination because the City did not rely upon her FMLA application but upon its doctor’s fitness for duty exam when it terminated her. Such reliance refutes a retaliatory motive.

In short, employees would do well to limit requests for FMLA intermittent leave to a defined period of time, perhaps a period shorter than six months, and then seek renewal of the intermittent leave for a defined period of time following the expiration of the first period.

FMLA Case Update – Lane v. Pontiac Osteopathic Hospital Lane v. Pontiac Osteopathic Hospital, case no. 09-12634 (E.D.Mich. 2010)....
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FMLA Law News Update July 28, 2010

fmlalaw — Wed, 28 Jul 2010 16:24:35 +0000

» Intermittent FMLA Human Resource Blog
By Caitlin
However, there is some doubt in our mind whether this employee even qualifies for FMLA or not. If she works 8 hours 3 days per week, that is only 1248 hours in 52 weeks. An employee must have worked 1250 hours in the past 12 months to …
Human Resource Blog – http://www.humanresourceblog.com/

Do you know? Content of FMLA medical certifications
By Jon Hyman
When an employee take an FMLA leave for his or her own serious health condition, or that of a family member, an employer may require that the employee obtain a medical certification from a health care provider to certify that the …
Ohio Employer’s Law Blog – http://ohioemploymentlaw.blogspot.com/

Labor Law Posters » Blog Archive » Federal Court emphasizes employee’s FMLA obligations
By admin
A federal appeals court ruling in favor of the employer is based on an employee’s obligations under the FMLA. The Decision In Ridings v.
Labor Law Posters – http://www.legal-aide.net/laborlawposters/

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FMLA Case Update – Lane v. Pontiac Osteopathic Hospital

fmlalaw — Mon, 26 Jul 2010 18:20:18 +0000

Lane v. Pontiac Osteopathic Hospital, case no. 09-12634 (E.D.Mich. 2010). In this case, the employee, Joe Lane, requested intermittent leave in order to care for his mother. His medical certification form indicated that he required intermittent leave to deliver meals and provide transportation to doctor’s appointments for his mother. His employer granted the leave and Lane experienced no problems taking off of work for short periods of time for several months in order to care for his mother. In July 2008, however, Lane failed to report to work for three consecutive days nor did he inform his supervisor of his absences. He did call in on the fourth missed day and indicated that he was attempting to clean up his mother’s flooded basement. He then missed three more days of work.

His employer terminated his employment pursuant to its policy that absence for seven consecutive days without proper application or approval is grounds for termination. Lane brought an FMLA interference claim against the employer alleging that he was denied his FMLA rights.

The district court found otherwise noting that Lane’s notice was insufficient and that his medical certification form did not cover leave to clean up a flooded basement. Relevant to the court were Lane’s failure to inform his employer that cleaning up the basement was necessary for his mother’s continued well-being and his failure to tell his employer that his mother suffered from hepatitis.

Lane’s failure to call into his employer at the outset of the leave as well as his employer’s past cooperation with his intermittent leave probably also factored into the court’s decision. Additionally puzzling was Lane’s need for 6-7 working days and a weekend to clean out a flooded basement as well as the ability to house his mother elsewhere in the meantime.

Lane could have avoided much heartache with better communication with the employer from the outset; actually cleaning the basement in a timely manner; and/or exploring other options for housing and care of his mother. However, in the end, it was simpler for him to not take 5 minutes to call his employer in advance and notify it of the problem.

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FMLA Law News Update July 23, 2010

fmlalaw — Fri, 23 Jul 2010 11:37:22 +0000

And if you don’t qualify for FMLA?…..
By BabyCakes3
I know that I don’t qualify for FMLA either but that is because my company is too small. And for me – if I take any more time off than my company allows for regular leave (which in my case is a lousy 4 weeks!) – I lose my job. …
Toddlers: 12 – 24 Months – http://community.thebump.com/cs/ks/forums/5039437/ShowForum.aspx

WHD News Release: US Department of Labor clarifies FMLA definition …
The FMLA allows workers to take up to 12 weeks of unpaid leave during any 12-month period to care for loved ones or themselves. The 1993 law also allows employees to take time off for the adoption or the birth of a child. …
Health Checkr – http://www.healthcheckr.com/

DOL to Conduct “FMLA survery”: Is More Regulatory Change on the Horizon
By jsn@franczek.com (Jeff Nowak)
Over the past year, the DOL has sent mixed signals as to whether there will be major FMLA regulatory change later this year. However, a 2011 FMLA survey may very well forecast substantial regulatory changes next year. …
FMLA Insights – http://www.fmlainsights.com/

Using Your Handbook to Make the Most (or the least) of the Statutory Burdens on your Business
By Amy Bray
Companies with more than fifty employees are subject to the Family Medical Leave Act (FMLA), and it is essential to make sure that FMLA obligations are understood, and minimized to the extent permissible by law. …
Andersen, Tate & Carr, PC – http://andersentatecarr.wordpress.com/

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FMLA Law News Update July 22, 2010

fmlalaw — Thu, 22 Jul 2010 20:36:38 +0000

Wisconsin Employment & Labor Law Blog: FMLA Does Not Cover Cleaning Mom’s Flooded Basement
By Attorney Randy Enochs
The former employee, Joe Lane, had previously taken six months FMLA leave to care for his for his mom, who suffered from diabetes, high blood pressure, weight loss and arthritis. Over the four subsequent month’s Lane also took FMLA …
Wisconsin Employment & Labor Law Blog – http://milwaukeeemploymentlawyer.blogspot.com/

Although the dismissal of employee with FMLA is (Office Gossip)
By admin
Although the dismissal of employee with FMLA is tricky, you can do it. High-Risk Separation Checklist. (…)
Stopping Employee Misconduct – http://www.employeemisconduct.com/blog/

A Legal Nightmare is Waiting For Employers Who Do Not Train Their Mangers on FMLA and ADA
By admin
We get calls from all around the country from employees who want to know if their Family Medical Leave Act (FMLA) or Americans with Disabilities Act (ADA)
Tax Attorney Orange County – http://taxattorneyorangecounty.blogsml.com/

What to Say—Excessive Absenteeism, Patterning, and Intermittent FMLA Leave
By stevebruce
In his experience, says Falcone, about 3 percent to 5 percent of employees cause problems with FMLA, and that’s just a cost of doing business. “Manage the 95 percent,” he says, and sooner or later the abuse will catch up to the others. …
HR Daily Advisor – Practical… – http://hrdailyadvisor.blr.com/default.aspx

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FMLA Law News Update July 21, 2010

fmlalaw — Wed, 21 Jul 2010 04:50:28 +0000

Labor Department FMLA Guidance Signals Need For Employer Care …
By admin
The FMLA entitles an employee to 12 workweeks of leave for the birth or placement of a son or daughter, to bond with a newborn or newly placed son or daughter, or to care for a son or daughter with a serious health condition. …
Business Insurance – http://business-insurance.aqimg.com/

» Average duration of FMLA Human Resource Blog
By Caitlin
If you took the genuine average FMLA usage of all employees nationwide, it is less than 2 days of FMLA in any particular year. That is because only 58% of Americans work for an organization that is covered by FMLA, only 80% of employees …
Human Resource Blog – http://www.humanresourceblog.com/

Cleaning Up Mom’s Flooded Basement Not Protected by FMLA : FMLA …
By jsn@franczek.com (Jeff Nowak)
For employers, it pays to listen closely to the reason for which an employee requests time off, since the reason may not always be covered by the FMLA. Kind of like occasions when the employee tells you he needs time off to clean his …
FMLA Insights – http://www.fmlainsights.com/

The Leave Blog – Understanding When Your Employees Are “Eligible …
By Tamsen Leachman
Both FMLA and OFLA have a two-part test to determine when an employee becomes eligible to assert rights under the acts. In the case of FMLA, generally the employee must have worked for the company for at least 12 months, not necessarily …
Portland Human Resource Management… – http://www.portlandhrmablog.org/

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FMLA Law News Update July 20, 2010

fmlalaw — Tue, 20 Jul 2010 20:00:20 +0000

» FMLA for part-time employees Human Resource Blog
By Caitlin
FMLA applies to employers with 50 or more workers within 75 states. (Several states have family leave laws that apply to smaller companies.) An employee who has been with the company for 12 months qualifies. Those 12 months need not be …
Human Resource Blog – http://www.humanresourceblog.com/

Who’s Your Daddy? Under the FMLA, It’s a Tough Question …
By William W. Bowser
Who’s Your Daddy? Under the FMLA, It’s a Tough Question :: Delaware Employment Law Blog.
Delaware Employment Law Blog – http://www.delawareemploymentlawblog.com/

Employment Law: Family Medical Leave Act (FMLA) | Business Law …
By kewell
Attorney Maurice Arcadier, oflaw firm Allen & Arcadier, of Melbourne, Florida, discusses the Employment Law legal issue of the Family Medical Leave Act.
Business Law Consortium – http://businesslawconsortium.com/

Termination Triggered by FMLA Leave Request Did Not Violate ADA …
Employees suffering from serious health conditions may be entitled to intermittent Family and Medical Leave. What happens when the medical certification …
www.employmentlawalliance.com/en/node/3228

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FMLA Law News Update July 15, 2010

fmlalaw — Thu, 15 Jul 2010 05:37:02 +0000

The Massachusetts Same-Sex Marriage Rulings And The FMLA : FMLA …
By wrp@franczek.com (Bill Pokorny)
The Department of Labor’s recent Administrative Interpretation regarding FMLA leave for those acting in loco parentis to a child placed the spotlight on the application of FMLA leave to same-sex couples with children. …
FMLA Insights – http://www.fmlainsights.com/

Dept. of Labor Clarifies the Definition of In Loco Parentis for …
By Miller & Falkner
Jul 13, 10 11:29 PM Dept. of Labor Clarifies the Definition of In Loco Parentis for FMLA Leave? Kentucky employment lawyers are excited about the latest Administrator’s Interpretation from the Department of Labor. …
Kentucky Employment Lawyer Blog – http://www.kentuckyemploymentlawyerblog.com/

Department of Labor broadens definition of “son or daughter” under FMLA
By admin
Caring for the child of an unmarried domestic partner will now be covered leave under the Family and Medical Leave Act (FMLA) as a result of a U.S. Department of Labor interpretation letter issued June 22, 2010 which broadens the …
Exposing & Fighting Against Global… – http://www.anti-semitism.net/

Wisconsin Employment & Labor Law Blog: Employee Who Did Not Reveal …
By Attorney Randy Enochs
Because of this the supervisor placed the College’s “Request for Family Medical Leave” form in Kobus’s mailbox at the College and told him he could apply for FMLA leave if he had a serious medical condition. In response, Kobus told the …
Wisconsin Employment & Labor Law Blog – http://milwaukeeemploymentlawyer.blogspot.com/

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FMLA Law News Update July 13, 2010

fmlalaw — Tue, 13 Jul 2010 04:45:54 +0000

Who Knows The California Labor Laws/fmla/worker’s Comp?
By admin
If you haven’t worked a year, you are not eligible for FMLA at your current job. The accommodation has to be reasonable, but it sounds like the shift supervisor does not understand what that means. Have you spoken with someone in HR? …
Injury Lawyer – http://injurylawyer.theinfopack.com/blog/

The Leave Blog – The Rules of Counting | Portland Human Resource …
By Tamsen Leachman
In an earlier blog, we address the FMLA’s threshold requirement for companies – that they employ at least 50 employees (within a 75-mile radius) for 20 or more workweeks in order to be covered by the FMLA. (Are You Talking to Me?). …
Portland Human Resource Management… – http://www.portlandhrmablog.org/

New York Public Personnel Law: Six-month need for intermittent …
By The Public Employment Law Press
Except perhaps in the Eighth Circuit, an employer that denied an eligible employee intermittent FMLA leave after six months – even though they have a certification stating that they needed intermittent leave for more than six months …
New York Public Personnel Law – http://publicpersonnellaw.blogspot.com/

Can you bring up an employee’s FMLA absences in a performance review?
By tjoneill
Do you think it is safe for an employer to cite FMLA-covered absences when giving a negative performance review? Read on to see how the court ruled.
The HR Cafe Daily Post – http://rapidlearninginstitute.com/

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