Author Archives: Christy Phanthavong

FMLA Administrators: Have You Checked Out The DOL’s Website Lately?

Bryan Cave has launched a new blog focusing on labor and employment issues called Bryan Cave At Work (www.bcatwork.com).  Since labor & employment is a “neighbor” discipline to benefits, we will post links to some of their content from time […]

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New Leave Laws in Illinois

From time to time, we share items of interest from related areas.  To that end, Illinois employers should be aware of four new leave laws that may require revisions to leave policies and procedures: Illinois Employee Sick Leave Act: Effective […]

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The DOL’s New FMLA Poster – Does It Impact Your FMLA Policy?

By now, you’re likely aware (and if you’re not, you should be) that, in April, the U.S. Department of Labor (“DOL”)issued a new “Employee Rights Under The Family And Medical Leave Act” poster, to replace the prior poster on this […]

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Managing FMLA Fraud: Avoid Negative Commentary

This last post in our three-part series on managing FMLA fraud is about how negative commentary – including emails with smiley face emoticons – can subvert an effort to show that a termination decision was based on an honest belief […]

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New DOL Guidance Regarding Joint Employment Under the FMLA

On January 20, 2016, the federal Department of Labor (“DOL”) issued guidelines to employers on the subject of “joint employment.” Most of the buzz regarding the DOL’s publications centers around the new “Administrator’s Interpretation” of joint employment under the Fair […]

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Managing FMLA Fraud: Investigate, Don’t Assume

Continuing our three-part series on managing FMLA fraud (see our initial post here), this post addresses the importance of conducting a reasonable investigation, prior to taking adverse action, to develop a supportable “honest belief” of FMLA fraud. The case of […]

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Managing FMLA Fraud: Using Your Policy To Your Advantage

This post is the first in a three-part series of posts on managing FMLA fraud with tips from recent cases. In Alexander v. Bd. of Educ. of City Sch. Dist., No. 14 Civ. 8553, 2015 WL 2330126 (S.D.N.Y. May 14, […]

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FMLA Forms – Best Practices

If you are responsible for administering your company’s Family and Medical Leave Act (“FMLA”) policy, you know that the associated FMLA forms can be both your best friend and your worst nightmare. On the one hand, proper use of the […]

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FMLA Rules for Couples: Can My Employee Take FMLA Leave Even Though She/He Has A Stay-At-Home Spouse?

Previously in this series of blog posts relating to the federal Family and Medical Leave Act (“FMLA”), we discussed which couples do not have FMLA rights under the definition of “spouse,” as well as the limitations that can be placed […]

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FMLA Rules for Couples: Leave Limitations when Spouses Work for the Same Employer

In a prior post, we discussed which couples do not have federal FMLA rights under the new regulatory definition of “spouse.” Now that we know who can and can’t take FMLA leave as a husband or wife, the next question […]

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