FMLA contains "leave", as in "the employee isn't at work" but also as in "leave the employee alone or else". See what the boundaries are to avoid the "or else" from one of our authors @Ogletree Deakins.
Related posts
As 2019 wears on, New York has continued to churn out new employment laws and regulations that appear to be pro-employee. From the latest state legislative push to the workings of the New York City Council, here are the nuts and bolts of 11 employment laws that have passed or gone into effect thi...
Coverage for employers
As with other employment-related statutes, the FMLA applies only to certain employers. Under the FMLA, an "employer" is:
any person engaged in commerce or in any industry affecting commerce that employs 50 or more employees for each working day during each of 20 or...
In a surprise announcement, the U.S. Department of Labor introduced Linda Richman and Liz Rosenberg (pictured) as hosts of the Supporting Nursing Mothers in the Workplace Online Dialogue during the week of August 19 through August 23, as well as a Twitter chat on Tuesday, August 20, 1:00pm - 2:00...
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 Thingsthan go for a walk. You hate needl...
You May No Longer Be Married in South Carolina
The Supreme Court of South Carolina recently issued an Opinion prospectively abolishing Common Law Marriage in South Carolina. Stone v. Thompson, Op. No. 27908 (S.C. Sup. Ct. filed July 24, 2019) (Shearouse Adv. Sh. No. 30 at 94). The effective ...
South Carolina Abolishes Common Law Marriage: The Impact on Workplace Law
The South Carolina Supreme Court just ruled that the state will no longer recognize common-law marriages. This decision will have a direct impact on South Carolina workplace law, requiring many employers to adjust their...
New and Updated Requirements Take Effect for Employers in Minnesota
The last few months have brought a number of changes, big and small, to what is required of employers in Minnesota. Here are some of the changes that Minnesota employers need to know to stay compliant in an ever-changing lega...
"Dads in the workplace" quiz!
Happy Father's Day weekend!
How much do you know about the rights of dads in the workplace? Take our quiz and find out! As always, the answers appear immediately after the questions, so you can cheat all you want, as long as your cheating doesn't disturb Dad's ...
"Moms in the Workplace" quiz!
And dads get to play, too.
After all, we wouldn't be moms without you! ;-)
Happy Mother's Day weekend! How much do you know about moms in the workplace? Take our quiz and find out! As always, the answers appear at the end of each question, so you can cheat...
Be VERY CLEAR In Your Communications About FMLA!
I often tell my crazy teenagers that it doesn’t matter what you mean to say – it matters what the other person actually hears. (I’m not sure they actually hear me when I say that…) And a recent Family and Medical Leave Act case proves my point a...
It’s Time To Be Creative: Historically Low Unemployment Rates Fuel New Approaches To Parental Leave
In October 2018, NPR reported that the U.S. unemployment rate had dropped to 3.7 percent, the lowest rate in 50 years. In some states, like Colorado, where I live, the rate is even lower (3.1 p...
Common Pitfalls for Emerging Companies
Founders of emerging companies are often first-time employers and find themselves having to wade through the dense patchwork of state and federal labor and employment laws. This can be a confusing undertaking that often requires legal counsel. However, th...
This blog was written by Darryl McCallum at Shawe Rosenthal, author of our Maryland Human Resources Manual. You can find the original and their Labor & Employment Report blog on their website.
Employers Beware: What You Say Can and Will Be Used Against You!
Darryl McCallum
Any H...
Holiday stew – we all have our own recipe, but the base is almost always the same: booze, mistletoe and a generous pinch of unapproved time off. And be sure you don't have enough time to prepare or clean up.
Join Gary Wheeler and Lori Mans for an hour as they provide the ingredients and know-h...
This blog was written by Deidra Nguyen at Littler Mendelson, which authors our Model Policies and Forms for Maine Employers. You can find the original post and their Dear Littler (which is excellent) on their website.
Dear Littler: What is the Story with Employee Election Leave?
Deidra...
This blog was written by Robin Shea at Constangy, which authors our Model Policies and Forms for Georgia Employers and our New Jersey Human Resources Manual. You can find the original on their Employment & Labor Insider blog (which is one of our favorites and is excellent).
Employers,...
This blog was written by Thomas E. Reddin and Henry J. Thomas at Polsinelli. Polsinelli authors hrsimple resources in Missouri, Kansas and Illinois. You can find the original blog post and their labor and employment blog Polsinelli at Work (which is excellent) on their website.
Navigating...
No call. No show. Assume they quit. Find a replacement. Move on.
Then who shows up but Ms. Nocall Noshow.
Now what?
Depends on what happened, your policy, potential laws (ADA? FMLA?), disabilities, stuff, junk.
SHRM helps, with help from our author Fisher Phillips and long-time friend...
This blog was written by Fiona Ong at Shawe Rosenthal, author of our Maryland Human Resources Manual. You can find the original blog and their Labor & Employment Report newsletter on their website.
Time to Update Those FMLA Forms!!!
Fiona W. Ong
Finally! The new Family and Medi...
This blog was written by Jason Plowman at Polsinelli. Polsinelli authors hrsimple resources in Missouri, Kansas and Illinois. You can find the original blog post and their labor and employment blog Polsinelli at Work (which is excellent) on their website.
Back to School Edition: School-...
This blog was written by Shennan Harris at Squire Patton Boggs. Shennan is a co-author of our Wages and Hours – An Employer's Guide. You can find the original blog post and their Employment Law Worldview on their website.
State Law Round-Up: New Sick Leave, Sexual Harassment Laws and Othe...
Traditionally, most companies have offered a paid leave package to employees that differentiates between vacation, personal and sick days. However, combining all categories into a single paid time off (PTO) bank is a growing trend. A PTO model increases employee flexibility and has the potential ...
This blog was written by Fiona Ong at Shawe Rosenthal, our author of the Maryland Human Resources Manual. You can find the original blog post here and their Labor & Employment Report newsletter (which is excellent) here.
In a previous post about pet bereavement leave, I noted that t...
This blog is an excerpt from our book An Employer's Guide to FMLA and ADA, authored by Nancy Van der Veer Holt at Ford Harrison LLP. For more state specific leave information, go to the Products tab above and subscribe to the Human Resources Manual for your state.
FMLA coverage for employers
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What is paternity leave?
Sometimes referred to as “family leave” or “parental leave”, paternity leave is an excused absence from work to care for and bond with a new child - whether by birth, adoption, or foster. This leave can vary in duration and may be paid or unpaid.
Are employers requi...
Legally mandated family leave policies have a relatively short history in the United States, and a requirement that the leave be paid is even shorter. In 1993, Congress enacted the Family and Medical Leave Act (FMLA) after finding that employees were having to choose between working and taking ca...
