Tulsa Woman Sues USPS: ‘They Were Punishing Me For My Pregnancy’

By Annie Chang – April 19, 2017 TULSA, Oklahoma – A Tulsa woman is suing her employer, the United States Postal Service. In her lawsuit, Robin Jones claims the USPS broke federal law by failing to accommodate her high-risk pregnancy. Jones works as a custodian at the downtown Tulsa post office. Back in 2014, when…

 Continue reading

Strict Enforcement of Attendance Procedures May Create Liability for Employers under FMLA

By Robert Meyer – March 28, 2017 Many employers include in their attendance policies a specific procedure by which employees must “call-in” to report an absence from work. Such policies typically impose disciplinary action, up to and including termination of employment, when an employee fails to follow the employer’s procedure or is otherwise a “no-call,…

 Continue reading

Congress Proposes Adding Parental Bereavement Leave to FMLA

By Heather Panick – March 22, 2017 On March 16th, a bipartisan group of Representatives, which included Paul Gosar, Don Beyer, Martha McSally, Brad Schneider, Tom Suozzi and Barbara Comstock, introduced the Parental Bereavement Act of 2017, also known as the Sarah Grace-Farley-Kluger Act. See H.R. 1560. This Act would add the “death of a…

 Continue reading

Intermittent FMLA Absences Not Subject to “Proof of Need”

By Ellison McCoy – March 17, 2017 On January 27, 2017, the Eleventh Circuit Court of Appeals issued a decision that provides a cautionary tale to employers about seeking documentation from an employee on intermittent FMLA leave. In Diamond v. Hospice of Florida Keys, Inc., Case No. 15-15716 (11th Circuit, Jan. 27, 217), the Court…

 Continue reading

USPS Redesigns Earnings Statement Leave Sections

We revised PS Form 1223-B, Earnings Statement (known as PayStub), to provide additional information on the leave data. We intend for the changes to: Improve communication about earned annual leave (AL) balance. Better align the information on the paystub or paycheck with the leave information that is already available to employees using ePayroll. Enable employees…

 Continue reading

Disclosure of Medical Information Results in Retaliation and Interference Claims

By Tasos Paindiris – February 15, 2017 A United States District Court in Florida thwarted an employer’s attempt to toss the FMLA claims of an employee who sued after his medical condition was disclosed to co-workers who subsequently made fun of him. The employee requested FMLA leave after he developed a chronic condition with his…

 Continue reading