Menu

Showing 43 posts in FMLA.

Under Surveillance: Investigating Intermittent FMLA Abuse

Since being enacted in the early 1990s, the Family and Medical Leave Act (FMLA) has provided meaningful protections for employees dealing with their own serious health issues or those of immediate family members through continuous and intermittent leave options. Human resource professionals and employment lawyers alike recognize how valuable intermittent leave is for employees needing periodic care; however, they also recognize this form of leave also is abused. Employers need to be able to effectively investigate suspected benefit abuse and discourage the dishonest use of the FMLA. More ›

DOL Opinion Letter Expands Scope of Activities Eligible for Intermittent Family Leave

On August 8, 2019, the U.S. Department of Labor – Wage and Hour Division (collectively the "DOL") issued Opinion Letter FMLA2019-2-A, which interpreted the Family and Medical Leave Act of 1993 (FMLA) to include providing intermittent family leave for a mother to attend committee meetings related to the serious health conditions of her children. The Opinion Letter expands the scope of activities eligible for intermittent FMLA leave. More ›

Employers Must Comply with FMLA Leave Designation Rules

Employers seeking to juggle employee leave demands with their own regulatory compliance obligations received clarification from the U.S. Department of Labor (DOL). Specifically, the DOL published a clarifying opinion letter regarding the issue of whether an employer may delay the designation of leave that qualifies under the Family and Medical Leave Act (FMLA) and provide employees with leave beyond the 12-week statutory entitlement. The DOL ruled the employer cannot delay the designation. More ›

When Taking a Mexican Vacation During Your FMLA Leave is Not Grounds for Termination

A recent decision issued by the Massachusetts Supreme Judicial Court offers up a good reminder that what employers may consider FMLA abuse may not in fact be FMLA abuse under the law. That's exactly the scenario that played out in Richard A. DaPrato vs. Massachusetts Water Resources Authority. More ›

Eleventh Circuit Clarifies Legal Standard in Evaluating Similarly Situated Individuals

For years, advocates in the Eleventh Circuit have expressed confusion over the term "similarly situated" when addressing claims of discrimination under the McDonnell Douglas burden-shifting analysis. In a rare move, the Eleventh Circuit sought to clear up "the mess" it had created through prior circuit court decisions. As a result of the Court's findings, employers—particularly those in Alabama, Georgia, and Florida—will have more clarity when evaluating possible discrimination claims. More ›

Employee May Proceed with Claim Her Employer Led Her to Believe She Could Take FMLA Leave Before She Qualified

Employers cannot force employees to take medical leave before they become eligible for FMLA leave. Nor can they lull an employee into believing they will be granted leave despite being ineligible, then terminate when they take leave. This seems like common sense, right? Hopefully so, but a recent Wisconsin district court case reminds us common sense does not always prevail in the workplace. More ›

Uniform Application of Employment Policies Leads to Positive Outcome in Employee’s Suit

The Seventh Circuit Court of Appeals recently explained that an employee’s inconvenience from a neutral workplace policy or the employer’s discretionary denial of benefits cannot support a claim under the Americans with Disabilities Act (“ADA”), Title VII of the Civil Rights Act (“Title VII”), or the Family Medical Leave Act (“FMLA”). More ›

Make Sure You Are Using the New FMLA Forms

On September 4, 2018, the Department of Labor issued new FMLA notices and certification forms.  The changes made are procedural in nature and were the result of the DOL's obligation to submit its forms to the Federal Office of Management and Budget every three years.  The prior forms expired on May 31, 2018, however, they were renewed on a temporary basis pending approval by the OMB.  Now that the approval is completed, the new forms reflect the updated expiration date of August 21, 2021.  To ensure you are using the updated forms, be sure to look for this new expiration date in the upper right-hand corner of the DOL Wage and Hour Division form.  Though the substance of the forms does not appear to have changed, employers will want to make sure they have switched to most current forms.   More ›

The Risks and Rewards of Allowing Employees to Work During FMLA Leave

The Family & Medical Leave Act ("FMLA") grants employees leave in certain enumerated situations. The Fifth Circuit Court of Appeals recently held it also allows the employee and employer to strike an agreement that the employee will perform certain duties and responsibilities during the leave and receive compensation for it without creating an actionable interference claim under the FMLA. More ›

Hinshaw E-alert on a New Employer Tax Credit for Paid FMLA

The Hinshaw employment team recently published an e-alert on a topic that should also be of interest to our blog readers. The alert describes a provision in the new tax law that provides a tax credit for employers who offer paid FMLA leave to eligible employees, along with a description of eligibility requirements. You can read the alert on the Hinshaw website.

Search
Subscribe via Email