LexisNexis® Legal Newsroom
Is This the Worst Fake Doctor’s Note Ever? And What Could You Do About It?

Buzzfeed recently published this note, which an employee provided asking his boss for a day off from work. Not only did the employer refuse the time off, but, as you can see above, the employer edited the note, remarked on all of the typos, errors, and misspellings, and returned it to the employee with...

The Importance of Communication During FMLA Leave

How many times has an employee provided you with an incomplete Family and Medical Leave Act certification? Oh, I don't know, maybe a missing return date... If the FMLA leave is foreseeable , then the employee must provide the employer with the anticipated timing and duration of the leave. However...

Third Circuit: Mailing FMLA Notice Not Enough for Summary Judgment?

Sometimes the most mundane tasks can make or break your case. Here's something I never thought I'd say: Big decision from the Third Circuit about how to mail FMLA notices! Read the opinion in Lupyan v. Corinthian Colleges, Inc. (for my Pennsylvania readers, the Third Circuit is our jurisdiction...

FMLA 101: Don't Make an Employee Work During Leave. Just Don't.

Really. It's a bad idea. Like my youngest son using chopsticks and a fork at the same time to eat pho . Ok, not that bad. But, definitely blogworthy. I read this case over the weekend about an employee who, while on maternity leave under the Family and Medical Leave Act, was required to...

Here's Why You Provide a List of Essential Job Functions When Approving FMLA

The FMLA's return-to-work requirement. Under the Family and Medical Leave Act , an eligible employee has the right to take up to twelve workweeks of covered leave for, among other things, for the employee's own serious health condition. The FMLA prohibits an employer from interfering with...

Questioning an Employee’s FMLA Leave? Require Certification.

by Kaitlin L. Hillenbrand Allowing employees to take FMLA leave is good for employees, it’s good for families, and, of course, it’s required by law. But what if you have an employee who takes FMLA leave when nothing seems to be wrong? For example, you could have an employee who reports...

“Honest Belief” Isn’t a Defense to an FMLA Claim, Says Federal Court

The honest-belief rule is one of most effective shields available to employers in discrimination cases: As long as an employer has an honest belief in its proffered nondiscriminatory reason for discharging an employee, the employee cannot establish that the reason was pretextual simply because it...

Telling an Employee Returning From Open-Heart Surgery, "Don't Die at the Desk" Is Bad. Very Bad.

Also, threatening to drag that employee outside and throw him in a ditch. Yeah, that may fracture a law or two. I'm thinking the Family and Medical Leave Act. Heck, even the Taliban would frown on that. Terry Baier worked at an auto dealership in Illinois. In 2011, he suffered chest pains and...

An Employee Must Ask for ADA Accommodation to Receive It

By now, hopefully everyone reading this blog knows that the expiration of an employee’s 12 weeks of annual FMLA leave is not necessarily the end of that employee’s unpaid leave of absence for his or her own medical issues. Under the ADA, an employer must consider granting unpaid leave the...