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Q: If an employee takes sick leave but hasn’t completed and returned a Family and Medical Leave Act (FMLA) form, can the employer lawfully terminate employment? Both employers and employees have responsibilities when FMLA-qualifying leave is involved, including timely notice and compliance with employer policies. To assess what happens when an employee takes potentially FMLA-qualifying […]
I am an alumnus of the University of Michigan. My son is a junior there. My closest friends went to school in Ann Arbor. So did my father-in-law, brother-in-law, and sister-in-law. Like all who bleed maize and blue, we believe that we have a responsibility to our university to embody the values of excellence, character, and integrity in everything we do. So, when the news broke last month of […]
The flu is spreading like wildfire! So, is a flu-caused absence protected under the Family and Medical Leave Act (FMLA)? Calling Out Sick Here’s a typical scenario: Employee is off for four days. He calls in and says he has the flu. He returns to work. The company has an absence control policy. The question: […]
Employee leave management has become an increasingly complex aspect of human resources, requiring a solid understanding of intersecting federal laws and company policies. From accommodating medical needs to maintaining operational continuity, employers must navigate leave issues with care, consistency, and legal awareness. Read on for a high-level overview of key leave laws and best practices […]
Although the Family and Medical Leave Act (FMLA) has been in effect since 1993, employers still make administrative mistakes that limit their rights and can lead to litigation. Here is my Top 10 list of employer and supervisor misconceptions about the FMLA that limit their ability to manage employee leave use or to defend against […]
The Family and Medical Leave Act (FMLA) continues to baffle lawyers and HR professionals. But sometimes a riddle brings welcome news, as we see in a recent decision from the U.S. 5th Circuit Court of Appeals (the federal court of appeals covering Texas). Read on. Where’s the Beef? Virginia Adams worked for Columbia/HCA Hospital. She […]
Q Can a pregnant employee start their 12 workweeks of Family and Medical Leave Act (FMLA) leave before delivery, and if so, will this shorten their amount of postpartum leave? Yes, if eligible, a pregnant employee may take their FMLA leave before the delivery of their child. For context, the FMLA is the federal law that […]
Q: Can a pregnant employee start her 14 weeks of Family and Medical Leave Act (FMLA) leave before delivery, and if so, will this shorten her amount of postpartum leave? The FMLA guarantees 12 weeks of unpaid leave within a 12-month period. For pregnant employees taking leave to bond with their newborn child, this period […]
The Family and Medical Leave Act (FMLA) became the law in 1993. That’s more than 30 years ago. You’d think all questions about it would have been answered years ago by all federal appeals courts. But trust me, that’s not how the law works! A 2024 case from one of the largest appeals courts in […]
Q Our company employs EMTs, nurses, nurse practitioners, and doctors to provide on-site medical care at locations like construction sites, infrastructure projects, and manufacturing plants. They may not always have another assignment right away but are usually interested in future assignments with the company. In terms of payroll, to avoid repeated extensive onboarding, should we lay […]