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Family and Medical Leave Act

Family and Medical Leave Act

Articles

'Honest belief' Isn’t a Defense to an FMLA Claim, Says Federal Court

October 24, 2014
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An 'honest belief' will not save an employer who denies an employee’s FMLA request without first exhausting all available avenues of communication and clarification with the employee.
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What Employers Should Know (and Do) in Response to the Ebola Threat

October 17, 2014
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Employee safety should always be the company's highest priority, and employers should follow CDC guidance and avoid knee-jerk reactions, no matter how provocative an employee's activities may be.


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Legal Briefing: Migraines Produce Headache for Boeing

October 2, 2014
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An employer’s notice of an employee’s medical condition or disability can be direct evidence of FMLA violations or disability discrimination.


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Legal Briefing: Be Letter-Perfect on FMLA

October 2, 2014
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Employers should consider mailing all legally mandated letters via a method requiring acknowledgment of receipt to avoid disputes, such as certified mail.
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Protected Activity Doesn’t Protect Against Poor Performance

September 9, 2014
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Protected activity does not per se protect a poor performer from termination, provided that you can demonstrate a history of treating similarly situated poor performers similarly.
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When Retaliation Stands the Test of Time

August 15, 2014
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An employer cannot hold a grudge against an employee who engaged in protected activity, with the hope that the passage of time will permit later retaliation.
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Do Not Force Employees to Work During FMLA Leave

August 13, 2014
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FMLA leave is federally guaranteed for a reason. Don’t mess with that reason by requiring work (albeit paid and at home) in lieu of bona fide leave of absence.
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More on the Anticipatory Pregnancy Discrimination Case From Yesterday

August 7, 2014
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Why the case is an exception, not a rule; why the FMLA didn't protect the employee; and how Jon Hyman can sleep at night.
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Legal Briefing: One Doctor's Note Will Do

May 8, 2014
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Employers cannot request recertification of approved FMLA leave of absence each time the employee requests such an absence.
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FAMILY Act: A Baby Boon?

May 6, 2014
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More companies are offering paid parental leave for their employees, and a bill in Congress could extend that benefit to all workers in the United States.


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