Jeff Stewart is joined again by George Morrison to discuss the ins and outs of The Family and Medical Leave Act (FMLA).
The U.S. Department of Labor (DOL) has announced that it will hire 100 new investigators in its Wage and Hour Division (Division). This is a strong signal that the DOL will be increasing its focus and prioritization of enforcement actions. This increased focus will also likely spur an increased number of class and collective actions
If They Don’t, You Are Risking a Lawsuit. Most human resource professionals can tell you all about the FMLA’s leave requirements, when they are triggered and what documentation is needed. Similarly, they could talk for hours about the ADA’s accommodation requirements, what makes an accommodation reasonable or unreasonable and the importance of the interactive process.
The Third Circuit Court of Appeals recently identified the difference between merely “requesting” Family and Medical Leave Act (FMLA) leave and “requesting and reporting” FMLA leave. At issue in the case was the employer’s policy that required an employee to request and be approved for FMLA leave and, once approved, to report an FMLA absence