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Showing 14 posts in Family and Medical Leave Act (“FMLA”).
An Employer's Guide to Intermittent FMLA Leave
Through the Family and Medical Leave Act (FMLA), certain employees are entitled to 12 work weeks of unpaid leave under specific medical or family circumstances, such as parental leave or a serious health condition. In some cases, employees eligible under FMLA take their 12 weeks of leave all at once. However, FMLA does not require leave to be used in a single block. Employees with qualifying circumstances may take their allotted leave in smaller increments that amount to as much as 12 work weeks over a 12-month period—but this “intermittent leave” can cause numerous headaches for employers. It’s important for employers to understand how intermittent leave works and how to best handle its effects in the workplace. More >
FMLA Retaliation in a Cat's Paw
FMLA (Family Medical Leave Act) retaliation law expanded in 2017 – about the size of a cat’s paw, which, in this instance, is pretty big. “Cat’s paw” here describes a situation where someone other than an employment decision-maker convinces (or dupes) the decision-maker to take an adverse employment action against another employee. (For those unfamiliar with the phrase, “cat’s paw” is derived from a fable wherein a monkey tricks a cat into pulling roasted chestnuts out of a fire for it to eat, burning the cat’s paws in the process. The phrase is used to describe situations where one person is unwittingly used by another for the other’s purposes.) When this is done with retaliatory intent, is the employer then liable under FMLA for retaliation? The answer, according to the Sixth Circuit Court of Appeals (this federal circuit covers Kentucky), is “yes” in the case of Marshall v. Rawlings. More >
How Much Time Can New Parents Take Off?
Paid leave for new parents, both mothers and fathers, has been in the headlines as of late as the U.S. Department of Labor promotes its “Lead on Leave” initiative. The question for employers, however, is just how much time may an employee take off for the birth or adoption of a child. Luckily, the Family and Medical Leave Act (“FMLA”) answers the question almost entirely by itself. More >
How Serious is “Serious” under the FMLA?
The Family and Medical Leave Act (“FMLA”) provides protections for eligible employees who must take time off of work to deal with serious medical conditions. These protections, codified at 29 U.S.C. § 2612(a)(1), allow employees time away from work and prevent employers from taking adverse employment actions against the employee as a result of serious medical conditions. At issue, however, is the definition of “serious” – just how serious must a medical condition be to warrant FMLA protection? In the case of Dalton v. ManorCare, the Eight Circuit added yet another to a list of items that aren’t serious enough to trigger the protections of the statute. More >
Employment at Will Comes with Many Exceptions
Kentucky employment law generally recognizes that most employment is “at-will” – meaning, employees serve at the pleasure of the employer, and termination of an employee does not require “just cause.” There are several circumstances, however, where laws and other factors prohibit employers from terminating an employee without a well-documented showing of cause. Employers should be aware of the circumstances under which they may not terminate an employee without just cause. More >
Making Sure Your FMLA Policy Covers the Basics
Too often, employers assume that their policies comply with the basic tenets of regulatory provisions and proceed to other details without regular, careful review. This complacency, however, is where mistakes multiply, which can result in costly outcomes. In the case of Tilley v. Kalamazoo County Road Commission, for instance, the court reiterated that failure to review basic FMLA rules and train employees accordingly could lead to an unwelcome result. More >
Detecting FMLA Abuse
Dealing with employees who abuse FMLA can be difficult. Letting abuse run rampant, however, can impact business productivity and put a damper on company morale (as present employees often have to pick up the slack of someone on leave). Employers who detect abuse must proceed with caution because it is very easy to run afoul of regulations. More >
Curbing FMLA Abuse
The Family Medical Leave Act (“FMLA”) permits eligible employees to take up to 12 work weeks of leave during a 12-month period if a serious health condition makes the employee unable to perform the functions of his or her position. When an employer suspects that an employee is abusing the FMLA leave, employers may feel caught in a classic Catch-22. They can ignore the abuse and operate with a reduced workforce, or subject themselves to an interference or defamation suit if they decide to challenge or confront the employee about the questionable leave. More >
Varying Maternity Leave Policies, cont.
On Monday, it was discussed that it is typically acceptable to offer different maternity leave benefits for employees at separate employer locations (such as a corporate office versus store locations). Further, it was noted that it is generally acceptable to have varying policies amongst employees, so far as the policies are applied within the parameters of the law (i.e., not discriminatory). More >
Varying Maternity Leave Policies
Recently, our firm was asked if it were permissible for a company to have separate maternity policies for a corporate office from that of a store location. The concern was of course that a claim of discrimination would be made if different policies were used, and it was right for the question to be asked. However, what may be surprising is that there is no requirement that employees at different company locations all be offered the same benefits. In fact, it is common for employees in a corporate office to receive different employment packages than those at other locations, such as the company’s retail store or restaurant. In fact, an employer does not have to have the same policies for all employees in the same location in many instances. The key is that a policy not have an adverse impact on any protected groups or result in unintentional discrimination. More >
