MINNESOTA

EMPLOYMENT LAW

REPORT

The Minnesota Employment Law Report is our award – winning blog offering expert insight to the business community concerning employee relations, labor law, employee benefits, employment litigation and much more.

Faked Pregnancies? Friday and Monday Leave Act? How Employers Can Handle Suspected FMLA Abuse

Janell Stanton

While most employees take leave under the Family and Medical Leave Act (“FMLA”) for legitimate qualifying reasons and use it appropriately, we all know occasionally, there are situations where employees…

Wisconsin Court Reminds Employers of Pitfalls Surrounding FMLA Intermittent Leave

Zachary A. Alter

A Wisconsin court recently issued a stark reminder to employers dealing with employees on intermittent FMLA leave. In Kalahar v. Priority, Inc., Case No. 20-C-0055 (Feb. 3, 2021), an employer…

DOL Extends Ability to Use Telemedicine Visits for FMLA Purposes

Grant S. Gibeau

The COVID-19 pandemic continues to change the legal landscape, this time with the Department of Labor extending its prior position that, under certain circumstances, a telemedicine visit will constitute an…

Labor Department Issues New FMLA Forms and Offers Hope for the Future

Dennis J. Merley

The U.S. Department of Labor (DOL) has just come out with new Notice and Certification forms to use for employees seeking time off under the Family and Medical Leave Act…

Appeals Court Says FMLA May Not Disrupt Perfect Attendance Records Even Though Sick Leave Can

Dennis J. Merley

A federal appeals court recently ruled against an employer who counted FMLA absences against employees regarding a perfect-attendance benefit even though sick leave and other absences were treated the same.…

Labor Dept. Opinion Letter Says Certain School Meetings Qualify For FMLA Coverage

Dennis J. Merley

The DOL just issued an Opinion Letter stating that parents attending school meetings for individualized education programs for children with serious health conditions are protected by the Family and Medical…

Is Vacationing in Mexico During FMLA Leave Grounds for Termination?

Dennis J. Merley

An employee is approved for FMLA leave for pending knee surgery and the next thing you know he is vacationing in Mexico. That’s just not right…or is it? The Massachusetts…

Labor Dept. Says Employees Cannot Choose to Defer or Skip FMLA – Employers MUST Apply It

Dennis J. Merley

Can an employee with a FMLA-qualifying condition choose to delay taking FMLA and instead use sick leave, vacation or some other time-off benefit? The answer according to the Department of…