Read the post at the FMLA Blog here.
Contributed by Eric A. Welter.Archive for the ‘FMLA’ Category
HR Managers Can Be Held Individually Liable for FMLA Violations
Monday, April 19th, 2010Amusing Search Terms
Tuesday, November 17th, 2009In looking at our blog’s statistics today, I noticed several interesting search terms — “how to falsify FMLA paperwork” and “no compete contract loopholes Texas.” For those who might not be inclined to believe me, I have posted a screen shot of the stats below. Apparently both searches led to this blog. That is certainly food for thought!
Contributed by Eric A. Welter.
Paid Sick Leave Bill Introduced In Congress
Tuesday, November 3rd, 2009A bill requiring employers to provide up to five days of paid sick leave has been introduced in Congress in response to the H1N1 situation. The story is here. The House Committee Blog post is here. Workplace Prof Blog has a post here. We will keep an eye on the bill and post any developments.
Since this is “emergency legislation,” it calls to mind the mantra of the current Administration — “never waste a good crisis.”
Contributed by Eric A. Welter.DOL Issues Updated FMLA Opinion Letter
Friday, May 8th, 2009The U.S. Department of Labor’s Wage and Hour Division recently posted one new Administrator signed Opinion Letter designated as FMLA2009-1-A. The Opinion Letter supersedes an Opinion Letter released on January 15, 1999 designated as FMLA-101. It addresses the issue of what constitutes “reasonable notice” of FMLA leave by an employee in connection with employer attendance and no call/no show policies.
The Ohio Employer’s Law Blog has commentary here.
Please click on the following link to access all Opinion Letters from the Wage and Hour Division at:
http://www.dol.gov/esa/WHD/opinion/opinion.htm.
Contributed by Eric A. Welter.FMLA Does Not Insulate Employees From Being Terminated For Poor Performance Or Misconduct
Thursday, April 30th, 2009Two recent Seventh Circuit decisions provide employer guidance for personnel decisions involving FMLA leave employees. In short, both decisions show that an employer can, and should, discipline all employees similarly regardless of their FMLA status. More after the break.
4th Circuit Affirms FMLA Interference and Retaliation Verdict
Friday, March 6th, 2009In Dotson v. Pfizer, Inc., the Fourth Circuit affirmed the district court’s finding that Dotson’s employer had interfered with his right to leave under the Family and Medical Leave Act (“FMLA”) and had engaged in retaliation. The court also reversed the district court’s denial of an award for pre-judgment interest. The court’s opinion can be found here. More after the break.
No Good Deed Goes Unpunished
Wednesday, December 31st, 2008New FMLA Poster And Forms
Wednesday, December 24th, 2008We received the following update from the U.S. Department of Labor:
A revised Family and Medical Leave Act (FMLA) poster, reflecting the recently published final rule, is now available for viewing and downloading. Every employer covered by the FMLA is required to post and keep posted on its premises, in conspicuous places where employees are employed, a notice explaining the Act’s provisions.
The Department has provided optional forms for use by employers and employees during the FMLA process. The Department has revised its Certification of Health Care Provider form (WH-380), and divided it into two separate forms for an Employee’s Serious Health Condition (WH-380E) and a Family Member’s Serious Health Condition (WH-380F). The Department has also revised its Notice of Eligibility and Rights and Responsibilities form (WH-381). In addition, the Department has added new forms for Designation Notice to Employee of FMLA Leave (WH-382), Certification of Qualifying Exigency for Military Family Leave (WH-384), and Certification for Serious Injury or Illness of Covered Servicemember for Military Family Leave (WH-385).
The poster and forms become effective on January 16, 2009. Additional compliance assistance materials are also available on FMLA Final Rule Web site at www.dol.gov/esa/whd/fmla/finalrule.htm.
New FMLA Regulations
Tuesday, November 18th, 2008Employee Misses FMLA Eligibility By 12 Minutes — And Loses Case
Tuesday, September 9th, 2008Workplace Prof Blog has an interesting post here on a case from the U.S. Court of Appeals for the Seventh Circuit affirming the dismissal of an FMLA case on summary judgment because the employee had only worked 1249.8 hours during the preceeding twelve months. In other words, the plaintiff missed FMLA eligibility by 12 minutes. From a practical standpoint, this is one good reason to maintain accurate records of employee leave.
4th Circuit Sends FMLA Case Back For Trial
Friday, August 22nd, 2008In an unpublished decision dated August 15, 2008, the U.S. Court of Appeals reversed the award of summary judgment to an employer in an FMLA case. The decision in Krenzke v. Alexandria Motors Cars is here. The case provides a good overview of the issue of what constitutes adequate notice by the employee of a need for FMLA leave and also on what can satisfy the “continuing treatment” test for a “serious health condition.”
Make Sure Your FMLA Policy Defines Eligibility Correctly, Or Else
Thursday, July 17th, 2008An employee takes FMLA leave. The day after the leave starts, he receives a letter from his employer advising him of his FMLA rights. The language of the letter tracks the employer’s FMLA policy, which provides that any employee with at least 12 months of service and 1,250 hours of work within the prior 12-month period is eligible for FMLA leave. The letter included a return to work date by which the employee had to return in order to retain his position with the company. The employee returns from leave. Shortly thereafter, he begins a second FMLA leave. The employer sends another letter with similar language and includes an incorrect return date. After the incorrect return date, but before the correct return date, the employer hired a replacement. The employee declined an alternate position and brought suit under the FMLA and for promissory estoppel under state law.
Before the district court, the employer argued that the plaintiff was not an eligible employee because he worked at a facility with less than 50 employees within 75 miles of the facility. The district court agreed, and dismissed the lawsuit. The employee appealed. What is the outcome of the appeal?
Joint Employers May Be Liable For FMLA Violations
Thursday, April 24th, 2008The U.S. Court of Appeals for the Sixth Circuit recently issued a ruling with respect to the liability of joint employers under the FMLA. The case is Grace v. USCAR and the opinion can be found here. The case has implications for staffing firms and those who use them.
The case is particularly interesting because it found that a secondary employer — i.e. the company using the staffing firm’s employees — can be liable under the FMLA even if it does not independently meet the requirements for FMLA coverage (i.e. having 50 or more employees). It is also interesting because the employer lost a pretrial motion for summary judgment, in part, because of notes from a meeting where the elimination of her position was discussed, and the question was raised “can the lawyers construct a way to make it [her termination] doable?”
New Jersey Passes Paid Family Leave Act
Wednesday, April 16th, 2008$2.2 Million Jury Award in FMLA Case
Friday, April 4th, 2008A Georgia jury has returned a $2.2 million verdict in an FMLA case to a former regional manager of Chase Manhattan Mortgage Corp. Law.com has the story here. The FMLA Blog also has commentary on the case here. The total damages could ultimately be much higher after consideration of liquidated damages, interest and attorneys’ fees.
