Keeping FMLA Usage Confidential Pays Off For USPS: Employee Failed To Prove Retaliation Claim

By Jody M. Florence – July 10, 2018 An employee’s retaliation claim under the Family and Medical Leave Act (FMLA) failed because he was unable to prove that the managers who decided to temporarily transfer him knew about his FMLA leave, according to the 6th U.S. Circuit Court of Appeals. A manager of customer services…

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DOL issues Opinion Letter on FMLA-protected rest breaks

A new DOL Opinion Letter on FMLA-protected rest breaks was issued today (see below). It should be included in the next JCIM. Extra rest breaks is an option that could benefit some workers with disabilities. The employee must take unpaid leave or may use their paid leave if available. The DOL ruling states that “employees…

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Next Time You Want to Conduct FMLA Surveillance, Be Sure to Have a Good Reason Why

Franczek Radelet P.C. – March 1, 2018 Porn and the FMLA. This has all the makings of one big, fat men’s soap opera. Johnnie Walker was a longtime police officer with the Pocatello Police Department, and he was tasked with investigating Scott and several other members of the police department’s administrative team because these jokers…

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Happy 25th Birthday, FMLA! 25 Years Later – Where Are We Now?

By Taylor E. Whitten – February 12, 2018 The Family and Medical Leave Act (FMLA) is celebrating its 25th anniversary this month. On February 5, 1993, President Bill Clinton signed the FMLA into law guaranteeing certain employees up to 12 unpaid weeks off of work a year to care for children or ill family members,…

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How Do Employers Calculate FMLA Leave Around the Holidays?

By Franczek Radelet P.C. – Nov 21, 2017 Calculating FMLA Leave During A Holiday Week Let’s use Thanksgiving Day as an example. If the employee gets Thanksgiving Day off as an employer holiday and then takes the entire rest of work week off for an FMLA reason, the employer should count the entire workweek as…

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FMLA FAQ: Can a Chiropractor Certify FMLA Leave? And Are There Limits?

By Franczek Radelet P.C. – July 21, 2017 Backs across America must collectively be giving out, as my clients’ questions about medical certification from chiropractors are on the increase. So, I’ll hit this one head on: Is a chiropractor considered a health care provider under the FMLA? And are there any special rules that apply…

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Ivanka Trump Replies to WSJ on Paid Family Leave

By Ivanka Trump – July 4, 2017 In a rejoinder to your May 26 editorial “The Ivanka Entitlement” on President Trump’s family-leave proposal, Stephen Schwarzman lays out the robust business case for paid-leave policy (Letters, June 19). The Journal then uses Mr. Schwarzman’s response as a platform to make a policy distinction, to recognize the…

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U.S. Department of Labor will reinstate the issuance of FLSA and FMLA opinion letters

By Franczek Radelet P.C. – June 28, 2017 The U.S. Department of Labor’s Wage & Hour Division announced today that it is bringing back the WHD Opinion Letter. Opinion letters have long been one of the most useful resources for lawyers and HR professionals trying to figure out how to comply with the laws enforced…

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