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FMLA

New FMLA Forms Available from Department of Labor

Executive Summary: The U.S. Department of Labor (DOL) released new Family and Medical Leave Act (FMLA) notices and certification forms on September 4, 2018. The new forms are valid until August 31, 2021, and are available for download from the DOL Website. Notably, the DOL did not make any material changes to the prior forms;…

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Employers Often Designate Leave as FMLA Despite Objections

Employees eligible for leave under the Family and Medical Leave Act (FMLA) might want to decline FMLA leave for a variety of reasons, but employers often can designate the time off as FMLA anyway. Note though that in jurisdictions covered by the 9th U.S. Circuit Court of Appeals, the employer must allow the employee to decline…

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Can You Be Held Personally Liable In An Employment Lawsuit? The Answer Lies Down A Rabbit Hole

In “Alice in Wonderland,” the Queen of Hearts once proclaimed, “Why, sometimes I’ve believed as many as six impossible things before breakfast.” This appears to be the rallying cry of many plaintiffs across the country when they file administrative charges and lawsuits. They continue to name individual supervisors and human resources directors as individual defendants…

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Current FMLA Forms Now Expire June 30

Some employers make tweaks to forms The Family and Medical Leave Act (FMLA) forms expire June 30—not on their original expiration date of May 31—but aren’t likely to change when they’re replaced with new forms, experts say. Employers who customize their own forms aren’t too concerned with the imminent replacement of the current forms, while…

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Facebook Evidence of Employee’s “Fore” Play Sinks FMLA Claim

With the news that Tiger Woods will be returning to the Memorial Golf Tournament, which is just a few miles from our Columbus, Ohio office, we thought a golf-related post would be interesting. This post concerns the recent case of Sharrow v. S.C. Johnson & Son, Inc. Case No.: 17-cv-11138 (E.D. Mich. Apr. 12, 2018),…

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Taking Advantage of Your Summer Break – Revisit, Refresh, and Review

Handbooks. The mere mention of the company handbook typically sends HR professionals into a furious search for any project other than the company handbook. Sorry, I can’t work on the company handbook, I have to watch the paint dry in my office. For this reason, beyond passing them off during perfunctory onboarding, handbooks typically get…

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How Many Extensions of a Medical Leave Must An Employer Grant Under The ADA Or FEHA Before It Says “Enough is Enough”?

Managing employees on medical leave of absence is one of the most vexing human resource problems a company must manage. Not only must the company ensure compliance with any statutorily mandated leaves that may be applicable, such as FMLA or CFRA, it must also consider the medical leave process in the context of disability discrimination…

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FMLA Claim Advances Because of Insufficient Documentation

Citing the employer’s “insufficient documentation,” the U.S. District Court of New Jersey found that genuine issues of material fact existed as to whether a former employee was terminated for taking leave under the Family and Medical Leave Act (FMLA) and therefore denied the employer summary judgment. The plaintiff was fired a week after returning from…

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