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4 Sep 2012, 11:30 pm
Posted by Jeff NowakIn light of the EEOC's litigation over automatic termination provisions under the ADA (we've beaten you over the head with it here and here), employers generally feel as though they have no clue as to their legal obligations when it comes to providing a leave of absence as a reasonable accommodation under the ADA after an employee's 12 weeks of FMLA leave has been exhausted. [read post]
19 Feb 2012, 10:48 am
Posted by Jeff NowakAccording to Forbes and other news sources, Stephen Colbert has taken a leave of absence from his late-night comedy show, "The Colbert Report," to attend to his ailing 91 year-old mother. [read post]
16 Apr 2012, 12:06 pm
Posted by Jeff NowakOn February 15, the Department of Labor published proposed regulations to the Family and Medical Leave Act in three specific areas: 1) Military Family Leave; 2) Flight Crew FMLA Eligibility; and 3) the manner in which employers calculate increments of FMLA leave. [read post]
14 Feb 2012, 9:45 am
Posted by Jeff NowakAs I reported last month, the Department of Labor has been working with the Office of Management and Budget to extend the life of its model FMLA forms, which expired on December 31, 2011. [read post]
5 Apr 2012, 6:57 am
Posted by Jeff NowakQ:  We have an employee who works four days per week. [read post]
11 Oct 2012, 6:35 am
Posted by Jeff NowakQ: We requested that an employee have his health care provider complete FMLA medical certification in conjunction with what appears to be an FMLA-related absence. [read post]
31 Oct 2012, 7:40 am
Posted by Jeff NowakOur thoughts and prayers are with those on the east coast who are attempting to return to some sense of normalcy in the wake of the devastation left behind by Hurricane Sandy. [read post]
4 Mar 2012, 10:20 pm
Posted by Jeff NowakQ:  An employee who recently returned from FMLA leave claims that a portion of his leave of absence should not count against his FMLA entitlement because he responded to a number of work-related e-mails and telephone calls while he was out. [read post]
4 Sep 2012, 8:51 am
Posted by Jeff NowakDear fellow FMLA nerds: Last year, our blog was named to the ABA Journal's 100 best legal blogs of 2011. [read post]
22 Jun 2012, 6:20 am
Posted by Jeff NowakHere's a question from the client inquiry line this past week, and it pops up often enough that I figured I would share: Q:  An employee on maternity leave contacted us two months into leave that she will not be returning to work at the end of FMLA leave (which now is one month away). [read post]
8 Jul 2012, 11:45 pm
Posted by Jeff NowakRemember a few months back when I warned employers to be wary of eliminating the position of an employee who days earlier requested several weeks off for surgery? [read post]
15 Feb 2012, 5:27 am
Posted by Jeff NowakLate last month, I reported that the Department of Labor had announced proposed changes to the Family and Medical Leave Act regulations with respect to Military Family Leave, Flight Crew FMLA Eligibility and the manner in which employers calculate increments of FMLA leave. [read post]
24 Sep 2012, 11:30 pm
Posted by Jeff NowakLater this week, I am conducting FMLA training for management employees at one of our clients. [read post]
6 Feb 2012, 5:26 am
Posted by Jeff NowakMonday, February 6, 2012 is a bittersweet day for employers across New York and elsewhere. [read post]
3 Oct 2012, 6:45 am
Posted by Jeff NowakThe Family and Medical Leave Act and its regulations tell us that an employer must return an employee to the same or an equivalent position upon return from FMLA leave. [read post]