Articles and Blogs

FMLA

Employer’s “Honest Belief” Defense Remains Viable in Cases of Employee Misuse of FMLA Leave

[02/20/17]

Posted on February 20, 2017 in HR Insights for Health Care

Published by: Hall Render

Too often employers have reservations or concerns about employees’ misuse of FMLA leave and fail to act in response. A recent holding in a federal court case serves as a reminder to employers that if they have an “honest belief” that employee FMLA misuse has occurred, they may have a certain defense to retaliation... READ MORE

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Can I Fire an Employee for Sleeping on the Job? Don’t Forget About the FMLA!

[03/01/16]

Posted on March 1, 2016 in HR Insights for Health Care

Written by: Mary Kate Liffrig

We’ve blogged in the past about employees caught sleeping on the job. Most employers would say that an employee who is caught sleeping on the job will usually end up getting fired, and that is usually fine! However, where that employee suffers from a disability or a serious health condition, an employer will need... READ MORE

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DOL “Suffers and Permits” Broad Interpretation of “Joint Employment”

[01/21/16]

Posted on January 21, 2016 in HR Insights for Health Care

Written by: Stephen W. Lyman

On January 20, 2016, the Wage and Hour Division of the U.S. Department of Labor (“DOL”) released Administrator’s Interpretation an  concerning joint employment under the Fair Labor Standards Act (“FLSA”). The interpretation identifies common scenarios in which two or more employers jointly employ an employee and are thus jointly and severally liable for compliance. It provides... READ MORE

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Expired FMLA Forms Now Updated

[06/01/15]

Posted on June 1, 2015 in HR Insights for Health Care

Written by: Stephen W. Lyman

Take a look at the FMLA forms you are now using and glance at the top right corner where you will see an OMB Control Number.  Just below that number, what does the expiration date say?  A safe bet is that the form you are using has expired!  But, all is not lost as the... READ MORE

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Texas Hold ‘Em: Texas Court Blocks Final FMLA Spousal Rule

[04/01/15]

Posted on April 1, 2015 in HR Insights for Health Care

Written by: Jennifer H. Gonzalez

On February 25, 2015, we reported  the U.S. Department of Labor (“DOL”) had announced a Final Rule to update existing FMLA regulations, which would provide eligible employees in same-sex marriages the same rights and protections under the FMLA as employees in opposite-sex marriages currently enjoy. The Final Rule was scheduled to take effect March... READ MORE

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Emailing FMLA Notices – A New Risk for Employers?

[02/27/15]

Posted on February 27, 2015 in HR Insights for Health Care

Written by: Larry R. Jensen

Providing notice to employees utilizing FMLA can be difficult. Unfortunately, it’s only getting worse. A federal court recently decided  the issue of whether an employer, by informing an employee of the FMLA recertification requirement via email, gave proper notice. Although the employer previously sent FMLA notices to the employee via email, the court found... READ MORE

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FMLA Spousal Protections Extended to Same-Sex Couples

[02/25/15]

Posted on February 25, 2015 in HR Insights for Health Care

Written by: Jennifer H. Gonzalez

On February 23, 2015, the U.S. Department of Labor announced a rule change to be issued February 25, 2015 that ensures that all eligible employees in same-sex marriages will enjoy the same rights and protections under the Family Medical Leave Act (“FMLA”) as employees in opposite-sex marriages. READ MORE

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How Do I Decide if a Request for a Leave of Absence Is a Reasonable Accommodation or Undue Hardship?

[03/03/14]

Posted on March 3, 2014 in HR Insights for Health Care

Written by: Jennifer H. Gonzalez

As the EEOC continues to focus on the use of unpaid leave beyond policy limits as a potential reasonable accommodation and employees continue to request leave extensions, I am frequently asked: “How do I know when enough is enough?”  Unfortunately, the determination of an undue hardship is a factual issue, and the only way... READ MORE

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Sleeping on the Job – Employer Gets a Wake-Up Call

[01/16/14]

Posted on January 16, 2014 in HR Insights for Health Care

Written by: Stephen W. Lyman

An employee who is caught sleeping on the job will usually end up getting fired. Indeed, this is what happened when a night shift employee was caught sleeping numerous times. The employee was given progressive warnings, including a final warning, before getting caught the last time and was fired. This seems pretty straightforward; however,... READ MORE

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“Just Push Through It” – Comment by Boss Discourages FMLA?

[09/12/13]

Posted on September 12, 2013 in HR Insights for Health Care

Written by: Stephen W. Lyman

Sports Analogy Can Have Multiple Meanings In sports, a coach will sometimes tell a player to just “walk it off” or “push through” the pain when a minor injury happens in a game or in practice.  One Florida insurance company found out that the world of sports and the world of employment are not... READ MORE

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