Call: 812-318-0629

Email: info@strategic-hrsolutions.com

FMLA

Parents May Take FMLA Leave for Special Education Meetings

Parents can take Family and Medical Leave Act (FMLA) time off to attend special education meetings—called individualized education program (IEP) meetings—for children with serious health conditions, according to an Aug. 8 U.S. Department of Labor (DOL) opinion letter. FMLA leave likely will increase as parents learn that time off for this purpose is an option.…

Read More

Timing Alone Is Not Enough to Prove FMLA Retaliation

A short period of time between leave taken under the Family and Medical Leave Act (FMLA) and a subsequent disciplinary action does not prove the two are related, according to the 8th U.S. Circuit Court of Appeals. The plaintiff worked as a surgical assistant for St. Luke’s Episcopal-Presbyterian Hospitals from 1995 until her termination in…

Read More

Ten Ways Employers Get Themselves Sued (Part One)

Take care of yourself! In medicine, sometimes the practices that get people in trouble are pretty simple. Too many nachos, and not enough leafy greens. You’d rather binge-watch Seasons 1-3 of Stranger Things than go for a walk. You hate needles, so you haven’t been to the doctor in 20 years. The same principle often applies…

Read More

FMLA May Protect Leave for Visits to the Doctor

A bakery that fired an employee who left work early to see doctors concerning his prostate cancer, for which he sought Family and Medical Leave Act (FMLA) leave, has viable claims even though his doctor did not timely certify the absences for FMLA leave, a federal district court ruled. The plaintiff worked for Lewis Brothers,…

Read More

May an Employer Terminate a Disabled Employee for Excessive Absenteeism?

The United States Court of Appeals for the First Circuit recently upheld a trial court decision in favor of JetBlue concerning the termination of a disabled employee due to her excessive absenteeism. Miceli v. JetBlue Airways Corp., No. 18-1345 (January 28, 2019). Many employers are apprehensive about terminating the employment of disabled employees, even when…

Read More

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;…

Read More

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…

Read More

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…

Read More

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…

Read More