Media reports of the Ebola outbreak in West Africa, along with the recent infection of two nurses in Dallas, have raised fears of the potential spread of Ebola in the United States, and employers are increasingly concerned about what they should do to address the possibility of Ebola in the workplace. These concerns are heightened
Employee Leave (FMLA and ADA)
Don’t Just Drop Those FMLA Notices in the Mailbox!
By Fiona W. Ong on
As (most) FMLA-covered employers know, once an employee requests Family and Medical Leave Act Leave, there are certain notices that are required. You have to provide the employee with an Eligibility Notice and a Rights and Responsibilities Notice within five business days of the request for leave, and once the employee has submitted enough information…
FMLA, ADA and Fitness for Duty Examinations
By Fiona W. Ong on
When an employee comes back from Family and Medical Leave Act leave with a fitness-for-duty (FFD) certification from his health care provider in hand, many employers still require the employee to undergo a separate FFD examination by the employer’s own health care provider or employee health office before allowing the employee to return to work. …
Do You Have To Talk To Your Employee’s Lawyer?
By Fiona W. Ong on
You know how it goes. You have an employee with issues – performance, health, whatever. The relationship with the employee starts deteriorating. Now the employee wants his lawyer to be involved in any further discussions. What do you do?
As a general matter, an employee doesn’t have a right to bring his attorney to work. …
FMLA Does Not Apply to Care for Unborn Child
By Fiona W. Ong on
Posted in Employee Leave (FMLA and ADA)
In an interesting twist on the right to care for family members under the Family and Medical Leave Act, a court has held that the FMLA does not apply to unborn children.
In the case of Lukudu v. JBS USA, LLC, an employee was on final written warning for attendance violations. He then called…
Employee Held To Choice Not To Invoke FMLA
By Fiona W. Ong on
Posted in Employee Leave (FMLA and ADA)
Sometimes, you can actually take an employee at her word. Even if she later claims she didn’t mean it. This happened in the case of Escriba v. Foster Poultry Farms, Inc., where the employee requested two weeks off to care for her father in Guatemala – a reason that would have been covered under…
Regular Attendance Can Be An Essential Job Function – Really!
By Fiona W. Ong on
One of the most challenging issues that my clients deal with is managing employee leave rights under the Americans with Disabilities Act and the Family and Medical Leave Act. Getting employees to come to work on a regular basis can be frustrating – hair-pulling, teeth-gnashing frustrating. So the recent case of Mecca v. Florida Health …
FMLA Is Not A “Get Out Of Jail Free” Card
By Fiona W. Ong on
Some employees seem to think that if they take leave under the Family and Medical Leave Act (FMLA), they are protected from any and all discipline. Some employers, confused by FMLA’s many requirements and restrictions, appear to agree. But the reality is that FMLA doesn’t insulate an employee from the consequences of her bad behavior. …
FMLA Fraud – Confirmed!
So many of my clients are dealing with Family and Medical Leave Act (FMLA) abuse by various bad apple employees. I really feel their frustration because, as many of you know, it is really challenging to address FMLA abuse effectively given the law’s broad protections for employees. So it’s nice when, every once in a…
Third Party FMLA Administrators
By Fiona W. Ong on
Family and Medical Leave Act compliance can be one of the more challenging tasks employers face. Some employers attempt to avoid the headache of FMLA administration by hiring a third-party administrator. But employers beware (!) – outsourcing will not solve all FMLA problems. An employer still needs to make sure it knows what is happening…