Sunday, July 5, 2026Labor & Employment Law
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FMLA - General
In the upcoming weeks, the halls of Congress will welcome a number of new faces and bid farewell to many other personalities. One of those personalities riding into the sunset is the longtime Senator Christopher Dodd of Connecticut. Putting aside for now whether you love him or hate him, Senator Dod
FMLA - Regulations
I have an employee who is certified for FMLA leave. Our office is closed for Thanksgiving next Thursday and Friday. Do those days count as FMLA leave.
FMLA - Medical Certifications
Following up on our initial post and previous update regarding the new Genetic Information Nondiscrimination Act regulations (which you may wish to read first), here is what we've learned:
FMLA - Coverage
Employers covered by the FMLA should take note of new final regulations under the Genetic Information Nondicrimination Act (GINA) published this week by the U.S. Equal Employment Opportunity Commission (EEOC). Although the FMLA is enforced by the U.S. Department of Labor, not the EEOC, the new GINA
FMLA - Retaliation
Employers increasingly are finding federal courts to be receptive forums for the consideration of an employee’s retaliation claim. In Burlington Northern v. White, for instance, the Supreme Court held that an employer can retaliate within the meaning of Title VII with actions short of terminations a
FMLA - Fitness For Duty
What should an employer do when an employee's doctor releases him to return to work, but its own doctor says that the employee cannot safely return? A federal district court in Kansas recently addressed this issue, holding that an employer's reliance upon its own doctor's opinion that an employee co
FMLA - Regulations
According to a recent ruling by the 9th Circuit Court of Appeals, an employee may have a valid wrongful discharge claim under the FMLA even if she fails to actually request FMLA leave, based upon evidence that her employer was aware that she had cancer and discussed whether she had taken FMLA leave
FMLA - Medical Certifications
Q: I know that I have to allow employees at least 15 days to return a medical certification, but when does the 15-day clock start running?
FMLA - Medical Certifications
An employee seeking FMLA leave just turned in a medical certification form with handwriting that looks suspiciously like her own. If the employee filled out this form, do we have to accept it?
FMLA - Regulations
Under the FMLA rules, an employer may require employees seeking FMLA leave to comply with its "usual and customary notice and procedural requirements for requesting leave," except in "unusual circumstances" that prevent the employee from doing so. A recent decision by a federal district court in Ten
FMLA - General
Occasionally I spot a piece of FMLA "advice" on the Internet that just makes me chuckle - and that makes me confident that the FMLA will remain a terrific source of business for employment lawyers for a long time to come. Much of it isn't outright wrong, but ends up being so superficial that it comp
FMLA - General
Suppose a retailer declares bankruptcy. Several of its leases are sold off to another retail chain, which then remodels the stores, stocks them with its own merchandise, and opens them under its own name. If this retailer hires some of the bankrupt company's employees, are those employees new hires
FMLA - Medical Certifications
What can you do when you receive a medical certification from an employee, but you think it might be fraudulent, or you just don't understand what the doctor has written? In these instances, does the FMLA allow you to contact the employee's health care provider directly to inquire? In this podcast,
FMLA - General
Have you ever searched Twitter for the term "FMLA"? I have. Some of what you find is insightful and informative information for employers, but you will also run across some interesting commentary from employees. Here are a few of my favorite employee FMLA tweets from the past few months:
FMLA - Regulations
Employers frustrated with their employees' lack of communication during FMLA leave have found a friend in the Seventh Circuit Court of Appeals. In what must be described as a solid win for employers, the appellate court (which covers IL, IN and WI) affirmed the dismissal of a former employee's Famil
FMLA - General
I know we have to post the DOL's "general notice" poster somewhere, but what exactly are we required to do with it?