The Family Medical Leave Act (FMLA) continues to present difficult compliance issues for employers. In this episode, four FMLA traps that may ensnare unwary employers are discussed, including:
- FMLA Coverage Trap(s);
- The Termination Upon Return From Leave Trap;
- The Indefinite Intermittent Leave Trap; and
- The Futile Leave Request Trap.
Listen in and find out how your business can avoid these traps.
You can listen here.
Documents referenced in this episode:
Determining how to reasonably accommodate an employee with a disability can be difficult for employers. The Sixth Circuit’s decision in Kempter v. Michigan Bell Telephone Co., et al. affirms common-sense law – namely, that in reasonably accommodating a disabled employee, employers are not required to convert temporary light-duty work into a full-time position, reassign a disabled employee to a position he/she is not qualified for, or which would displace another employee’s rights, or create a new position.
In a ruling that bolsters employers’ established FMLA leave notice requirements, the Sixth Circuit affirmed the district court’s decision granting summary judgment in favor of the employer and upheld a former employee’s discharge for failure to follow the call-in requirements of his employer’s attendance policy in White v. Dana Light Axle Manufacturing, LLC. The decision is assuring to employers who have established and adhere to FMLA leave policies that require employees follow specific procedures to notify their employers of their intent to take protected FMLA leave.
As most employers are aware, the definition of what constitutes a “disability” for purposes of providing a reasonable workplace accommodation was broadened significantly with the enactment of the Americans with Disability Act Amendments Act of 2008 (ADAAA).
We have posted an alert regarding Ohio's new military leave law, which takes effect on July 2, 2010. An initial question that the new law raises is how it compares to and interacts with the FMLA’s provisions for military leave. At present, the answer is not clear but there are a couple of points worth noting.
Here is a scenario that I’ve seen many times: An employee does something bad that will likely lead to termination; while the employer is investigating and deciding what to do next, the employee submits FMLA paperwork requesting leave.
Maybe I’m a cynic but it’s possible that the employee doesn’t really need FMLA leave.
Topics/Tags
Select- Labor & Employment Law
- Department of Labor
- Employment Law
- Discrimination
- Coronavirus
- FLSA
- Overtime Pay
- Labor Law
- Non-Compete Agreements
- National Labor Relations Board
- Wage & Hour
- Federal Trade Commission
- Privacy
- Reasonable Accommodation
- NLRB
- Workplace Accommodations
- Employee Benefits and Executive Compensation
- Pregnancy Discrimination
- FMLA
- Arbitration
- Employment Litigation
- Workplace Violence
- Religion Discrimination
- Medical Marijuana
- IRS
- Litigation
- Social Media
- Employer Policies
- Americans with Disabilities Act
- Disability Discrimination
- Retirement
- Medical Cannabis Dispensaries
- National Labor Relations Act
- Race Discrimination
- Sexual Orientation Discrimination
- Accommodation
- OSHA
- Employer Handbook
- ERISA
- Whistleblower
- EEOC
- ADAAA
- United States Supreme Court
- ACA
- Affordable Car Act
- Unions
- Title VII
- Employer Rules
- Sexual Harassment
- Technology
- Federal Arbitration Act
- NLRA
- Transgender Issues
- Disability
- 401(k)
- Employment Settlement Agreements
- Sixth Circuit
- Equal Employment Opportunity Commission
- Fair Labor Standards Act
- Paycheck Protection Program
- Benefits
- Class Action Litigation
- Disability Law
- Gender Identity Discrimination
- Posting Requirements
- Securities Law
- E-Discovery
- Evidence
- Preventive Care Benefits
- Health Savings Account
- SECURE Act
- Environmental Law
- Family and Medical Leave Act
- US Department of Labor Employee Benefits Security Administration
- Privacy Laws
- Representative Election Regulations
- Department of Justice
- Healthcare Reform
- Older Workers' Benefit Protection Act (OWBPA)
- Affirmative Action
- Electronically Stored Information
- Equal Opportunity Clause
- Telecommuting
- Compensable Time
- Occupational Safety and Health Administration
- Security Screening
- Supreme Court
- E-Discovery Case Law
- Electronic Data Discovery
- ESI
- Unemployment Insurance Integrity Act
- American Medical Association
- Attendance Policy
- Return to Work
- Seniority Rights
- Classification
- Confidentiality
- Disability Leave
- Equal Pay
- Fair Minimum Wage
- Federal Minimum Wage
- Genetic Information Discrimination
- Media Policy
- Misclassification
- National Origin Discrimination
- Retaliation
- Social Media Content
- State Minimum Wage
- Wage Increase
- Employment Incentives
- HIRE Act
- Social Security Tax
- Taxation
- Antitrust
Recent Posts
- Federal Court Overturns Expansion of Overtime Requirements
- U.S. Supreme Court to Review Title VII Reverse Discrimination Case
- NLRB General Counsel Expands Focus on Non-Compete Agreements and Stay-Or-Pay Agreements
- FTC's Non-Compete Rule Struck Down
- District Court Finds in Favor of FTC, Declines to Issue Injunction
- DOL Increases Compensation Threshold for Exemption Eligibility
- Federal Trade Commission Announces New Rule Invalidating Non-Compete Agreements
- EEOC Announces Final Rule Providing Guidelines under the PWFA
- The Practical Employment Law Podcast: Immediate Termination
- The Practical Employment Law Podcast: Labor & Employment Law Update February 2024