Sick Time – Who Pays?
Boston.com
“The practice of requiring a doctor’s note as a condition of taking a sick day may violate the Family and Medical Leave Act (FMLA). Any sick days that you take will trigger protection under FMLA if the time off in question is needed because of a …

New FMLA Proposal for Military Caregivers
Examiner.com
Current the Family Medical Leave Act (FMLA) has 2 parts: 1) qualifying exigency leave under which eligible employees may take up to 12 weeks of FMLA leave for reasons related to the call to active duty of covered service member spouses, children, …

Back wages recovered for former Washington Beef employee
KIMA CBS 29
The investigation determined that the company failed to designate the employee’s leave as FMLA-qualifying and did not reinstate the employee to the same or an equivalent position upon return to work, as required by the FMLA. The employee worked on the …

HAYBARGER v. LAWRENCE COUNTY ADULT PROBATION AND PAROLE
Leagle.com
Debra Haybarger appeals the District Court’s decision granting summary judgment to William Mancino on her claim under the Family and Medical Leave Act (“FMLA”), 29 USC § 2601 et seq. Haybarger contends that the District Court erred in holding that, …

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PEREDA v. BROOKDALE SENIOR LIVING COMMUNITIES, INC.
Leagle.com
The district court held that because Pereda was not an eligible employee at the time she was terminated, she could not bring either claim under the FMLA. This appeal presents an issue of first impression for this Circuit: whether the FMLA protects a …

COBRA Complications Confuse HR
HR.BLR.com
A: Taking FMLA leave is not necessarily a qualifying event to trigger COBRA’s notice requirements. A qualifying event occurs only if 3 conditions are met: The employee (or spouse or dependent) is covered on the day before the first day of FMLA leave …

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After She Sold Her Wedding Ring to Buy Groceries . . .
Forbes
Although two federal laws provide some protections for pregnant women (the Family and Medical Leave Act – FMLA – and the Pregnancy Discrimination Act – PDA – the FMLA only covers employees who have been employed during the previous twelve months and …

Employee Handbooks: 5 Workplace Policy Revisions to Consider for …
JD Supra
Dukes: Is the FMLA the New Breeding Ground for Class Actions? by Franczek Radelet PC) “Pennsylvania’s Superior Court upheld a jury verdict of $187.6 million …

Can Employers Use Expired FMLA Forms from the DOL? Do They Have a Choice?
HR.BLR.com
On December 31, 2011 the US Department of Labor’s (DOL’s) FMLA forms quietly expired. DOL’s official forms for FMLA medical certification, leave designation and certification related to service member leave all contain an official expiration of …

Argument preview: Court to consider money damages for FMLA self …
By Kevin Russell
The FMLA requires most employers to provide up to twelve weeks of unpaid time off to their employees for five categories of leave: (1) the birth of a child; (2) the adoption of a child; (3) the need to care for a sick family member; (4) a personal …

FMLA & Beer Pong: Social Media Is The Cause Of – And Solution To …
21st Century Suggestion: Do not post photos of yourself on Facebook (FB) vacationing with your family in Cabo when you…
blog.stupidcancer.com/…/fmla-beer-pong-social-media-is-the-…

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1. FMLA Law News Update Jan. 6, 2012 LEE v. U.S. STEEL CORPORATION Leagle.com … for a reasonable...
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YOUNG v. NORTH CAROLINA AGRICULTURAL & TECHNICAL STATE UNIVERSITY
Leagle.com
Young alleges that the University retaliated against him for asserting his right to leave under the FMLA by terminating his employment and ceasing its …

Handling FMLA abuse: following effective processes leads to …
Lexology
Employers continue to struggle with intermittent abuse of the Family and Medical Leave Act (FMLA). A recent federal court case, Crewl v. …

The DOL’s FMLA forms expired on December 31, 2011. Should …
Lexology
In short, employers may continue to use the DOL’s FMLA forms, although consider our suggestions below before using these standard DOL forms. …

Workers’ compensation: FAQs
Business Management Daily
Also, return to work questions arise in situations where workers’ compensation interacts with the ADA and the FMLA. 1. Is an employee who violates a safety …

Predicting the Future in Employment Law, At Least for 2012
JD Supra
Other questions persist as well: Can employers still use the expired FMLA forms? (Jeff Nowak of the FMLA Insights blog tackles that one today.) …

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Short Maternity Leaves Can Have Surprisingly Scary Consequences
The Stir
Women may be concerned that their employers will punish them for taking too much time off (despite the legal protection provided by the FMLA), …

Make sure employees understand FMLA calendar
Business Management Daily
by The HR Specialist: Compensation and Benefits on January 3, 2012 11:00am The FMLA was created to allow employees time off to deal with their own serious …

Time to fix systems, policies that didn’t work in 2011
Pittsburgh Tribune-Review
You can learn more about the FMLA at www.dol.gov and the ADA at www.ada.gov. Check your state’s websites to find out whether there are laws you must follow. …

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Nichiha ordered to pay former Macon employee
Macon Telegraph (blog)
The company failed to recognize the employee’s situation as an FMLA-qualifying event and fired him for excessive unexcused absences. The Japanese company manufactures fiber cement products at its Macon plant, and its US headquarters are located in …

FMLA FAQ: Communications Edition | WorkForce Software
In this third FMLA FAQ post, I explore some of the most fraught aspects of managing leave requests in a compliant and employee-sensitive manner. Many emplo.
www.workforcesoftware.com/…/fmla-faq-communications-edi…

FMLA vs Incentive Compensation Plan. – Lawyers.com Community
In a nutshell : Employer : To protect against employee claims of being required to work while on FMLA the employer ( A significant player in regional if not …
community.lawyers.com/forums/t/119594.aspx

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Employer Sued for “Exacerbating” Employee’s Medical Condition
Human Resources Journal
Employees often take FMLA (Family Medical and Leave Act) leave for an illness and/or any necessary surgery resulting from such illness. Others may be stressed at work from their boss’ conduct towards them. But can an employee claim that his/her …

FMLA leave doesn’t mean you can’t discipline
Business Management Daily
by The HR Specialist: Florida Employment Law on November 20, 2011 1:00am The FMLA was enacted to let workers briefly put their careers on hold to tend to pressing personal matters like illness, childbirth and adoption, eldercare and other covered …


After FMLA, consider granting more ADA leave
Business Management Daily
What should you do if an employee has used up all her available FMLA and personal leave and still needs periodic time off? If she has a disability, you may be required to let her take more leave as a reasonable accommodation under both the ADA and the …

You’re risking FMLA lawsuit if call-in rules don’t allow flexibility in …
Business Management Daily
Millea applied for intermittent FMLA leave to cover the time off and was approved for 60 days per year. About that time, Millea began having a hard time getting along with a supervisor. During a phone call, the two had a heated argument, …

Make sure supervisors understand: Do not discourage employees from using FMLA
Business Management Daily
by The HR Specialist: Texas Employment Law on November 20, 2011 1:00am The FMLA gives eligible employees an absolute right to take leave and prohibits employers from discouraging employees from taking that leave. Anything that dissuades employees from …

Federal lawsuit claims Dotson violated FMLA
Mankato Free Press
By Dan Nienaber Free Press Staff Writer MANKATO — A Mankato man is suing a Mankato foundry claiming he was fired while he was being treated for a medical condition covered by the federal Family and Medical Leave Act. Daniel Perez’s complaint had been …

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State laws require employers to have disaster emergency plans
NewsOK.com
… health issue is exacerbated by the natural disaster (for example, if there is a power outage and the family member requires the use of powered medical equipment), the employee may also be entitled to leave under FMLA to care for that family member. …

FMLA – It’s not the Fix My Life Act | KARLA PORTER | Human …
People do not care about the terms of employment and want exceptions to the rules. It’s sad sometimes and sometimes it’s abusive but what FMLA isn’t is the Fix …
karlaporter.com/human…/fmla-its-not-the-fix-my-life-act

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PLANSPONSOR.com – Employer Email Could Show FMLA Bias
Following William Shaffer’s request for FMLA leave in anticipation of an upcoming surgery, the managers changed their minds and decided to eliminate Shaffer’s …
plansponsor.com/Employer_Email_Could_Show_FMLA_Bias…

FMLA and You – Family and Medical Leave Act of 1993 (FMLA)
The Family and Medical Leave Act of 1993 (FMLA) is a United States federal law requiring covered employers to provide employees job-protected unpaid leave …
www.unitedafa.org/news/details.aspx?id=6681

Faurecia & FMLA – Topix
Thursday Oct 27. You will get FMLA after 1 year or or or or or or or 1250 hours worked. Read the law and yes you will make the 1250 hours first. Don’t let HR fool …
www.topix.com/forum/city/dexter…/TVCI06CV3AUHR6162

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FMLA Laws: Do They Cover ‘Exacerbation’?
HR.BLR.com
Two Illinois employees were back in a federal appeals court with their charges that their former employer violated their rights under the Family and Medical Leave Act (FMLA). They were in that court nearly 3 years ago with four other plaintiffs, …

DANIELS v. UNEMPLOYMENT COMPENSATION BOARD
Leagle.com
Claimant left work again on August 23, 2010, under a different FMLA condition. On September 2, 2010, Employer left Claimant a voice message stating she had exhausted her FMLA leave and she must return to work or face discharge. …

RICKETTS v. NEW YORK CITY HEALTH & HOSPS. CORP.
Leagle.com
The ALJ did not credit petitioner’s uncorroborated testimony that HHC failed to post a notice mandated by the FMLA (FMLA), and there is no basis for disturbing that credibility determination (Berenhaus, 70 NY2d at 443). The ALJ properly considered …

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