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

Posted on March 29, 2017March 29, 2017 by 21cpw

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,…

Intermittent FMLA Absences Not Subject to “Proof of Need”

Posted on March 20, 2017March 20, 2017 by 21cpw

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…