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Showing posts with label FMLA. Show all posts
Showing posts with label FMLA. Show all posts
Monday, December 4, 2023

It’s called family and medical LEAVE for a reason.

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According to Above the Law , however, one Biglaw firm recently reminded its employees that they need to check their daily emails while out o...
Wednesday, September 20, 2023

Facebook Messenger and other alternative communication channels for attendance call-outs

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An employee uses Facebook Messenger to notify his supervisor of a medical absence, ignoring the company's policy that requires employees...
Monday, June 26, 2023

Yes, you can still fire employees for lying, even when they are seeking FMLA leave

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67 employees of CSX Transportation submitted a required internal form requesting medical leave. Those requests had four key problems: 1.) ea...
Wednesday, February 1, 2023

“Entitlement to FMLA leave” is not a prerequisite to an FMLA retaliation claim

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The 6th Circuit revived the FMLA retaliation claim of an attorney fired immediately after she requested unpaid leave to care for her two-yea...
Monday, December 5, 2022

Bank properly terminates misbehaving employee despite FMLA leave, 6th Circuit holds

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In 2017, a series of personal adversities, including probation for an incident with a gun and an ex-girlfriend, cocaine use, and a DUI arres...
Wednesday, October 19, 2022

Don’t estop thinking about your leave claim

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"Is there money owed to you for claims against third parties, whether or not you have filed a lawsuit or made a demand for payment, suc...
Thursday, June 2, 2022

Mere "discouragement" is enough to state an FMLA interference claim, federal appeals court holds

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"You've taken serious amounts of FMLA … don't take any more FMLA. If you do so, you will be disciplined." That's what ...
Thursday, July 22, 2021

Coronavirus Update 7–22–2021: How the ADA and FMLA apply to Covid long haulers

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The risks associated with Covid-19 aren't limited to the 625,000 Americans this virus has killed or the 2.3 million hospitalizations. On...
Monday, May 3, 2021

Does President Biden have the political juice to make paid family and medical leave a reality?

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For the past couple of administrations, it's a presidential rite of passage—unveiling a plan to provide paid family and medical leave to...
Thursday, February 4, 2021

No, you don’t get to keep your paid leave after your position is eliminated

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The headline  reads, "Trump aides made a late request to Team Biden to extend their parental leave. They said no." Here's the ...
Monday, January 4, 2021

Coronavirus Update 1-4-2021: DOL approves telemedicine visits to establish a serious health condition under the FMLA

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With the COVID-19 pandemic closing health-care-provider offices or severely limiting patient access, many have turned to telehealth to remot...
Saturday, March 14, 2020

BREAKING: House passes broad coronavirus stimulus and relief package, including paid sick and family leave

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It’s been 12 days since I asked if coronavirus the thing that will finally make paid family and sick leave a national reality . Twelve day...
Monday, March 9, 2020

Is an employee entitled to FMLA leave to care for the children of a family member with coronavirus?

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Among other qualifying reasons, the FMLA allows an eligible employee to take 12 weeks of annual unpaid leave to care for a family member w...
Tuesday, March 3, 2020

Can an employer require an employee with a serious health condition to take FMLA leave?

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Yesterday, in response to my post about coronavirus and paid sick leave , a commenter on LinkedIn asked whether an employer can force a s...
Tuesday, February 18, 2020

7th Circuit concludes employer should have advised injured employee of FMLA rights even after employee went AWOL

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Buddy Phillips injured his ribs while playing with his grandchildren. Over the next two weeks, he called his employer, United Trailers, to...
Wednesday, January 22, 2020

Dream on — lawsuit by Aerosmith drummer highlights the legal risk of "fitness for duty" exams

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Joey Kramer, Aerosmith's founding and longtime drummer, is suing his band mates after they blocked him from joining them at upcoming h...
Thursday, December 12, 2019

Just because you’re out on FMLA does not grant you a license to threaten your co-workers

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“Hey pussy … I’m going to get you for what you did.” Ordinarily, if one employee confronts another employee with a threat like the one ...
Monday, September 30, 2019

Are hangovers the next frontier of your FMLA headaches?

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A German court recently ruled that a hangover qualifies as an “illness.” Which got me thinking … are hangovers the next frontier of your...
Monday, September 23, 2019

No-fault attendance policies offer no cover when the ADA or FMLA are involved

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An employee suffering from epilepsy, migraines, and heart condition asks (with a medical note) for two unpaid days off from work unpaid to t...
Monday, September 16, 2019

Employee fired for stacking his intermittent FMLA leave with vacation days loses retaliation claim

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Kevin LaBelle, a lab technician for Cleveland Cliffs, took occasional days off from work for approved intermittent FMLA leave for flare-up...