Like a Boss with Michael Cohen

Episode 23: Beware of Dr. SummerOff - FMLA Responsibilities for Leaders


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(Recorded 7-13-25)

We're finally here - it's SUMMER TIME!🕶️

Beach.🏖️ Mountains.🌄 Lakes.🌊

A lot of employees like to get away from the office or from work and enjoy as much of summer as they can. Some of those employees also want to take off more time than they have. And, be aware that they may seek the assistance of Dr. SummerOff - the health care provider who has no problem providing a note clearing employees from work, whether warranted or not. 🩻

💡It is crucial that leaders understand certain responsibilities related to an employee's disclosure of a potentially FMLA-qualifying condition. The obligations include:

1️⃣ Recognizing a request for FML A leave when neither the letters F, M, L or A nor the words "leave of absence" are used;

2️⃣ Knowing which absences can (and by implication, cannot) be documented;

3️⃣ Understanding an employee's reinstatement rights following leave and exceptions to that reinstatement requirement;

4️⃣ Appreciating the importance of neither discriminating nor retaliating against an employee for either taking or requesting leave; and

5️⃣ Realizing the absolute importance of communication with HR or the People Team about employees disclosures.

Thanks so much for watching, commenting and sharing!

Duane Morris LLP Duane Morris Institute

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Michael S. Cohen is a partner in Duane Morris’ Employment, Labor, Benefits and Immigration Practice Group. He concentrates his practice in the areas of employment law training and counseling. Michael is a nationally-recognized thought leader on workplace culture and human resources issues. He has trained and counseled employers throughout the country and regularly conducts more than 200 trainings each year.

Michael Cohen (215) 979-1882

[email protected]

https://www.linkedin.com/in/michaelscohen12

https://www.duanemorris.com/attorneys/michaelscohen.html

Pronouns: he/him

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Like a Boss with Michael CohenBy Duane Morris