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McBrayer Blogs

Showing 5 posts tagged 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 >

Employer Update: Keeping Up with COVID

Nearly two full years into the pandemic, employers are still struggling to keep up with ever-evolving guidance, requirements, and recommendations regarding the virus—and for good reason, as the advice for how to keep employees safe while staying in business has been constantly evolving.  As the Omicron variant creates even more problems, some employers are suffering now more than ever. We have rounded up crucial updates for employers so you can handle the ongoing impacts of the pandemic to the best of your ability. More >

Enforcement and Retaliation of New Paid Leave Provisions – Crucial Concerns for Employers

While the new paid sick leave and Family and Medical Leave Act (“FMLA”) expansion law contains a small carrot for employers in the form of tax credits for those required to pay for sick leave and expanded FMLA leave, it also contains a couple of fairly substantial sticks.  Accordingly, employers should carefully consider any adverse employment actions they take at this time with respect to employees who take leave.   More >

Five things for HR Professionals to Double-Check Yesterday (Or as Soon as Possible)

In the day-to-day rush of business, it’s easy to overlook key employment issues, but they have a way of turning into true headaches for HR professionals. Below are five HR matters that have a habit of becoming bigger problems for employers, and if you aren’t paying attention to them, you may be putting the business at serious risk. 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 >

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