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Tag Archives: FMLA

Facebook Pictures Enough for the Sixth Circuit to Uphold the Employer’s “Honest Belief” Defense (Sara Jaszczyszyn v. Advantage Health Physician Network)

Posted in FMLA and Other Leaves of Absence, Labor Law

By:  Chelcey E. Lieber Let’s say an employee was “completely incapacitated” and needs to take leave due to a back injury. The employee is granted leave, but then terminated while on leave. This sets the perfect stage for a successful interference and retaliation claim, right? The Court in Jaszczyszyn v. Advantage Health Physician Network disagreed… Continue Reading

The Continuing Danger of Terminating Employees on Leave: An Honest Belief That Leave is Being Misused is Not Always Enough (Richey v. Autonation, Inc.)

Posted in FMLA and Other Leaves of Absence, Labor Law, Wage & Hour

By:  Chelcey E. Lieber Avery Richey, a sales manager at Power Toyota of Cerritos (“Toyota”), went on medical leave under the California Family Rights Act (“CFRA”) due to a back injury. While on leave, Toyota learned Richey was working at a restaurant he owned. Toyota dispatched an employee and a supervisor to Richey’s business, where… Continue Reading

Is Leave Required As An Accommodation If It Is Unclear If The Employee Will Be Able To Perform The Job In The Near Future?

Posted in Disability Discrimination, Discrimination, FMLA and Other Leaves of Absence, Retaliation and Wrongful Termination

By:       Lizbeth V. West, Esq. Robert v. Board of County Commissioners of Brown County, Kansas, et. al. (10th Cir. Aug. 29, 2012) No. 11-3902 The job description for Robert’s job as a supervisor of felony offenders included 18 “essential functions.”   Some of those included functions like performing drug screenings, ensuring compliance with court orders, testifying… Continue Reading

FAQ: What Should An Employer Do When an Employee on FMLA Leave Says They Will Not be Returning to Work?

Posted in FMLA and Other Leaves of Absence

By:       Chelcey E. Lieber Question:  An employee is out on FMLA leave to care for her newborn baby.  Before her leave ends, she notifies her employer that she actually does not intend to return to work.  Does the employee still have any restoration rights?  Can the employer recover any health care premiums they paid during… Continue Reading

2012 Brings A Whole New Set Of Obligations And Challenges For California Employers – Failure To Comply Could Be Devastating

Posted in Employee Privacy Rights, Employment Contracts and Agreements, FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations, Wage & Hour

By:       Lizbeth (“Beth”) West, Esq. Governor Brown signed a significant number of bills into law during the 2011/12 legislative term, many of which will have a direct impact on almost every California employer, regardless of size. Many laws impose new obligations on employers and prevent employers from engaging in what they may otherwise thought was previously… Continue Reading

New FMLA Regulations for Military Family Leave and Other Updated FMLA Regulation

Posted in FMLA and Other Leaves of Absence

In January 2008, President Bush signed into law the expansive amendments to the FMLA which provide greater benefits to employees who have family members in the armed services. The new law became effective immediately. On November 17, 2008, the DOL issued final regulations addressing the new military family leave as well as updating existing FMLA… Continue Reading