Iowa Employment Law Blog

Iowa Employment Law Blog

Alert and inform about legal issues, risks, and solutions relating to employees

Tag Archives: FMLA

Honest Belief About Employee’s FMLA Abuse Enough to Defeat Retaliation Claim

Posted in FMLA, Human Resources Compliance
Employee abuse of intermittent FMLA leave is a common employer complaint.   An example of intermittent leave is when an employee occasionally has to take off work because of an ongoing or chronic medical condition.    What happens if the employer suspects the employee uses FMLA covered leave to miss work for non-covered reasons, but does not… Continue Reading

Court Finds FMLA Interference Even Though Employee Was Not Qualified to Return to Former Job Because of Her Medical Condition

Posted in FMLA, Human Resources Compliance, Litigation and Trials
FMLA provides a qualifying employee up twelve weeks of job protected leave. That means the employee is entitled to return to the same position held before the leave, or to an “equivalent position” with equivalent pay, benefits, and other terms and conditions.   FMLA does not require an employer to restore employment if the employee is unable… Continue Reading

Court Applies “Cat’s Paw” Theory to Liquidated Damages under FMLA

Posted in FMLA, Litigation and Trials
Under the FMLA, liquidated damages are a form of “extra” damage a court may award over and above other damages an employee is awarded.   The employer can avoid liquidated damages, however, if it proves the FMLA violation was in good faith, that is, the employer reasonably believed its action did not violate the FMLA. Marez v. Saint Gobain… Continue Reading

The DOL’s Lawyer Referral Arrangement with ABA Not Likely to Help Employers or Employees

Posted in FMLA, Human Resources Compliance, Litigation and Trials, Wage and Hour
On the Friday before Thanksgiving, Vice-President Biden announced at a Middle Class Task Force event the creation of a collaboration between the U.S. Department of Labor and the American Bar Association.   According to the press release associated with the event, the purpose the collaboration is to “help workers resolve complaints received by DOL’s wage and… Continue Reading

Weekly Web Roundup, October 30, 2009

Posted in Disability Discrimination, FMLA, Human Resources Compliance, Sex Discrimination, Title VII
The EEOC has revised its "Equal Employment Opportunity is the Law" poster.    The poster was revised to reflect new federal employment laws, including the ADA Amendments, and the Genetic Non Discrimination in Employment Act ("GINA").  Employers can either obtain a new poster, or a supplement their existing poster.   The new posting is mandatory effective November 21, 2009. … Continue Reading

H1N1 and Paid Leave

Posted in FMLA
An update on H1N1–the confirmed number of cases in Iowa is now 60, and perhaps growing.   That is up 17 cases since our last post on this subject two days ago.   In addition to the existing public health and employer challenges this disease presents, will a potential pandemic provide the impetus for Congress to mandate… Continue Reading

Same Sex Marriage Ruling Impacts Iowa Employers

Posted in FMLA
Just days after the Iowa Supreme Court’s ruling legalizing same sex marriage, at least one media outlet is reporting that Iowa employers are scrambling to determine whether they need to adjust their employment policies to comply with the ruling.  Of immediate concern are employee benefit programs that provide coverage for spouses, and policies governing family and medical… Continue Reading