News & Analysis as of

Eligibility Family and Medical Leave Act (FMLA)

Husch Blackwell LLP

Employer Compliance Guidance: Remote Worker Eligibility for FMLA Benefits

Husch Blackwell LLP on

Not surprisingly, simple solutions to complex issues are often elusive. Yet on rare occasions, the solution is in plain sight. Doubtful? For employers struggling with the issue of a remote employee’s eligibility for...more

BCLP

FMLA - Back to Basics - Eligibility vs. Entitlement

BCLP on

A common error in both FMLA policies and communications to employees seeking FMLA leave involves misuse of the word “eligibility” (or “eligible”) when in fact the intention is to refer to “entitlement” or vice versa. Using...more

Downs Rachlin Martin PLLC

Updates to Paid Leave Requirements Under FFCRA

Downs Rachlin Martin labor and employment attorney Beth Rattigan goes over updates to paid leave requirements under the Families First Coronavirus Response Act. FFCRA revisions and clarifications include: who is eligible,...more

Sheppard Mullin Richter & Hampton LLP

DOL Revises FFCRA Regulations in Light of New York Federal Court Decision

As we previously reported, on August 3, 2020 the U.S. District Court for the Southern District of New York (the “District Court”) struck down four provisions of the Department of Labor’s (“DOL”) regulations interpreting...more

Robinson & Cole LLP

Federal District Court Expands Employee Paid Leave Rights Under FFCRA

Robinson & Cole LLP on

A United States federal district court judge in the Southern District of New York struck down four regulations issued by the United States Department of Labor (DOL) limiting paid leave entitlements under the Families First...more

Cozen O'Connor

New York Federal Judge Strikes Down Portions of Dept. of Labor’s Emergency Paid Leave Rules

Cozen O'Connor on

On March 18, 2020, Congress passed the Families First Coronavirus Response Act (FFCRA), which provided up to two weeks of paid sick leave and an additional 10 weeks of paid family and medical leave to certain eligible...more

Spilman Thomas & Battle, PLLC

In Case You have Nothing Else to Do, the DOL has Changed Their Approved FMLA Paperwork (but It's Not that Big of a Deal)

While most employers and HR departments still are addressing issues related to the COVID-19 pandemic, the U.S. Department of Labor ("DOL") issued new standard forms for handling Family and Medical Leave Act ("FMLA") claims....more

Constangy, Brooks, Smith & Prophete, LLP

The Friday and Monday Leave Act or the Family and Medical Leave Act: FMLA, Part 1

Navigating the intricacies of the Family and Medical Leave Act can be daunting. Who is an eligible employee and an eligible employer? How long does FMLA leave last? What does intermittent FMLA mean? How can you take steps to...more

Manatt, Phelps & Phillips, LLP

FMLA Claim May Be Triggered Prior to Eligibility

Why it matters - A Family and Medical Leave Act (FMLA) claim may be triggered where an employer promised coverage before eligibility under the statute took effect, according to a new decision from a Wisconsin federal...more

BCLP

Does An Employer Have FMLA Obligations Even Before An Employee Satisfies the Eligibility Requirements For Taking FMLA Leave?

BCLP on

In a word: Yes. In fact, there are many. The most notable obligation under the Family and Medical Leave Act – the obligation to provide protected leave for a qualifying reason – does not apply until the employee has become...more

Polsinelli

Navigating FMLA: May An Employee Be Entitled to Leave Beyond 12 Weeks?

Polsinelli on

In certain circumstances, an employee may begin a leave of absence prior to being eligible to take leave pursuant to the Family and Medical Leave Act (“FMLA”). ...more

Franczek P.C.

FMLA FAQ: When Is an Employer Required to Check for FMLA Eligibility? The Answer May Surprise You!

Franczek P.C. on

Every once in awhile, my posts must return to the nuts and bolts of FMLA, and this is one of ‘dem ‘dere posts. After all, I can’t always cover scintillating topics such as Beyonce concerts, bullies who abuse FMLA leave and...more

Proskauer - Law and the Workplace

Final Regulations for New York State Paid Family Leave Law Adopted

The New York Workers Compensation Board (the “Board”) has adopted final regulations for implementation of the New York Paid Family Leave Law (“PFLL”).  The final regulations are effectively immediately....more

Parker Poe Adams & Bernstein LLP

Sixth Circuit Says Ineligible Employee May Still Enjoy FMLA Leave Rights Based on Estoppel Argument

The Family and Medical Leave Act only provides job protected leave rights to eligible employees. Among other eligibility criteria, an employee claiming entitlement to FMLA leave must work at a location with a minimum of 50...more

Franczek P.C.

FMLA FAQ: My Employee Took A Whole Lot Of Leave Last Year. Is He Even Eligible Now For FMLA Leave?

Franczek P.C. on

Q: We have an exempt, managerial employee who in this past year took all 12 weeks of FMLA leave, and six additional weeks of unpaid leave. He also was intermittently absent for digestive problems to the tune of about four...more

Franczek P.C.

FMLA FAQ: Does Temporary Employment Count Toward FMLA Eligibility?

Franczek P.C. on

Q: We regularly utilize temporary employees, some of whom we hire permanently. Does the time they work as a temp (through an agency) count toward the 12-month and 1,250 hour eligibility requirements?...more

Pullman & Comley, LLC

Spring Cleaning: Time to Update Some FMLA and I-9 Forms & Posters

Pullman & Comley, LLC on

For lawyers, anytime there’s a change, it seems to be a big deal. But for employers, change is inevitable and part of business. Indeed, if a new poster is required by employers, most employers simply shrug and order a new...more

Poyner Spruill LLP

New FMLA Regulations Effective: New Notice Poster and Model Forms Available

Poyner Spruill LLP on

As of March 8, 2013, employers with 50 or more employees are required to post the Department of Labor’s (DOL) new Family and Medical Leave Act (FMLA) notice poster incorporating the recently issued final regulations, which...more

Butler Snow LLP

Employers have at least one favorable provision with FMLA by Ann Bowden-Hollis

Butler Snow LLP on

Originally published in The Journal of South Mississippi Business • December 2012. Nearing the end of a year lends itself to consideration of what is left to do and what might be coming up in the new year. In terms of...more

Dentons

FMLA and Holiday Absences

Dentons on

It is no secret that the holiday season can be stressful for many people. Depression and similar problems spike at this time of year and can increase the need for FMLA. This can sometimes be complex to assess over a holiday...more

Franczek P.C.

What!?! Time Caring for Mom in Las Vegas is FMLA Leave

Franczek P.C. on

The FMLA just got a whole lot broader. In what might be one of the key FMLA decisions of the year, a federal judge has upheld an employee's right to take FMLA leave to care for her mother during a recreational trip to...more

Franczek P.C.

Hurricane Sandy and the FMLA: Are Your Employees Eligible for Leave During a Natural Disaster?

Franczek P.C. on

Our thoughts and prayers are with those on the east coast who are attempting to return to some sense of normalcy in the wake of the devastation left behind by Hurricane Sandy. Natural disasters like Sandy raise a host...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Second Circuit Finds That After-Hours Work Is Considered “Hours Worked” For Purposes Of Determining Eligibility For Leave Under...

Donnelly v. Greenburgh Central School Dist. No. 7, No. 11-cv-2448 (2d Cir., Aug. 10, 2012): The plaintiff, a former high school teacher, claimed that the defendants had unlawfully denied him tenure in retaliation for his...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Employer’s Mistaken Allowance Of FMLA Leave Can Create Liability For Retaliation

In order to be granted a leave of absence under the Family and Medical Leave Act (FMLA), an employee first must fulfill certain eligibility requirements, including having worked for the employer for at least 12 months, and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Visit to doctor for prescription refill is not “treatment” for purposes of FMLA

The Family and Medical Leave Act (FMLA) provides unpaid leave time to eligible employees under specific circumstances, including the serious health condition of the employee. It is a violation of the FMLA for an employer to...more

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