An employee calls out for two days for a stomach complaint. He then calls out for FMLA-covered condition of cellulitis (a skin infection causing pain and inflammation) in his leg that keeps him out for two weeks. Most employers would assume that the stomach complaint is unconnected to the leg infection, and not look any
Employee Leave (FMLA and ADA)
FMLA Requires Compliance with Call-In Procedures
By Fiona W. Ong on
Posted in Employee Leave (FMLA and ADA), Litigation
As I mentioned in my five-part blog series on managing possible leave abuse under the FMLA, employers can hold employees accountable for failing to comply with call-in procedures, even when the absence is connected with FMLA. This point was well-illustrated in the recent case of Chappell v. The Bilco Company, in which the employee…
ADA Disability Leave and the Employee’s Failure to Respond
By Fiona W. Ong on
Posted in Employee Leave (FMLA and ADA)
Managing an employee on leave for a disability under the Americans with Disabilities Act (ADA) can be challenging. It becomes even more frustrating when the employee fails to respond to an employer’s request for information about the employee’s condition and status. But employers are not entirely without recourse. Courts have consistently found that employees who…
SSDI Recipient’s ADA Claim Foreclosed
Posted in Employee Leave (FMLA and ADA), Litigation
According to a recent article in the Wall Street Journal, the cost of Social Security Disability Insurance (SSDI) benefits has skyrocketed. In 2010, U.S. workers paid $104 million into the program, while far more – $127.7 billion – was paid out in benefits. Much of this is due to expanded definitions of disability, but…
ADA Public Accommodation Abuse
By hammock on
While most employers are familiar with Title I of the Americans with Disabilities Act (“ADA”), which prohibits discrimination in employment against those with disabilities, many are less familiar with Title II of the ADA which requires that places of public accommodation and commercial facilities be designed, constructed or altered so that they are accessible to…
FMLA Fraud Investigations: Employers Must Be Careful
By Fiona W. Ong on
Posted in Employee Leave (FMLA and ADA)
Here are the facts: An employer suspected an employee of fraudulent misuse of FMLA leave. It hired a private investigator to watch the employee over a six-day period when the employee was taking FMLA leave for severe back pain. The investigator reported that the employee went hunting several times – one time for ten hours. …
FMLA Supervisory Liability
By Fiona W. Ong on
Posted in Employee Leave (FMLA and ADA)
Employers are frequently frustrated by supervisors’ refusal or inability to comply with Family and Medical Leave Act requirements. Lack of information from managers causes headaches when trying to determine if an employee should be receiving FMLA leave, and in tracking and managing such leave.
Many managers fail to notify HR when an employee may have…
Intermittent FMLA Leave Abuse: Managing the Unmanageable (Part 5)
By Fiona W. Ong on
Posted in Employee Leave (FMLA and ADA)
This is the last in a five-part series on addressing issues facing employers in managing the possibly fraudulent use of intermittent leave under the Family and Medical Leave Act (FMLA). In the last posting, I discussed fitness for duty examinations, which are covered by the FMLA regulations. Now let’s turn to non-regulatory options for employers.…
Maryland Labor and Employment News
By Mark J. Swerdlin on
Some interesting tidbits of Maryland labor and employment news:
- According to the Daily Record, Pepsi Bottling Group and a group of employees have settled an overtime compensation case in the U.S. District Court of Maryland. As part of the settlement, about 60 employees will share an award of $187,275, with attorneys’ fees and administrative
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Intermittent FMLA Leave Abuse: Managing the Unmanageable (Part 4)
By Fiona W. Ong on
Posted in Employee Leave (FMLA and ADA)
This is the next installment in a five-part series offering guidance on how to address the possible fraudulent use of intermittent leave under the Family and Medical Leave Act (FMLA). In the last posting, I discussed when employers may require recertifications of the serious health condition. In this posting, we’ll take a look at fitness…