Employee Rights Family Medical Leave Act

Most countries provide some degree of workplace protection for employees and job applicants. Depending on the jurisdiction, these protections generally include safety precautions and policies, anti-discrimination... more +
Most countries provide some degree of workplace protection for employees and job applicants. Depending on the jurisdiction, these protections generally include safety precautions and policies, anti-discrimination policies, collective bargaining and unionizing rights, meal and rest requirements, minimum wage rules, and medical and family leave rights to name a few. In the United States, the federal framework for employee rights stem from statutes such as the Fair Labor Standards Act (FLSA), Americans with Disabilities Act (ADA), National Labor Relations Act (NLRA), Title VII of the Civil Rights Act, and the Family Medical Leave Act (FMLA). In addition, employee rights statutes are implemented and enforced by regulatory authorities such as the EEOC, NLRB, OSHA, and the Department of Labor. Further, many state and local governments provide additional and localized protections for employees that are enforced by local regulatory entities. less -
News & Analysis as of

Developments Impacting Benefits for Same-Sex Spouses

As federal and state agencies and courts further examine the implications of the Supreme Court of the United States’ ruling on same-sex marriage in U.S. v. Windsor, the laws and regulations governing employee benefits for...more

FMLA Stands for "Family and Medical Leave Avalanche"

We noted last year that 20 years after the original passage of the Family and Medical Leave Act (“FMLA”), the Department of Labor issued a survey report lauding the effectiveness of the law and the positive impact it has had...more

Persuading Employee to Work Rather than Taking Unpaid Leave May Result in FMLA Violation

The Family and Medical Leave Act ("FMLA") requires employers to provide eligible employees with up to twelve weeks of unpaid leave to care for a newborn child (among other reasons), and to offer reinstatement to the employee...more

An Estimate is Just That - The Seventh Circuit Highlights Several Important Lessons for Employers Navigating Intermittent FMLA...

The U.S. Court of Appeals for the Seventh Circuit recently ruled on two important intermittent Family and Medical Leave Act (FMLA) leave issues in Hansen v. Fincantieri Marine Group. First, the court determined that the FMLA...more

ADAAA Expanded Ability of Parents to Take FMLA Leave for Disabled Adult Son or Daughter

Human resource professionals occasionally receive requests from employees to take FMLA leave to care for an adult son or daughter with an alleged serious health condition. Some of the most frequent requests involve FMLA time...more

When it Comes to an FMLA Notice — the Post Office May Not Deliver For You in the Third Circuit

The U.S. Court of Appeals for the Third Circuit recently ruled that an employer may not rely on “the Mailbox Rule” to prove that the employer provided an employee with notice of his or her rights under the Family and Medical...more

Mailing FMLA Notices to Employees? Not So Fast

Recently, the United States Court of Appeals for the Third Circuit issued an opinion analyzing the so-called "mailbox rule" in a case which centered on the receipt of an FMLA notice. In Lupyan v. Corinthian Colleges, Inc.,...more

Enforcing Your Policies Outside The Workplace

All employers adopt and enforce policies regulating conduct at the workplace. Many employers expect that employees will follow their employment polices at all times regardless of whether the employee is working or at work....more

Employee fired for failing to cooperate with FMLA leave approval process

Managing employees’ FMLA leave can be one of the most challenging and frustrating responsibilities for an HR department. So what can an employer do when an employee is slow to provide documentation and respond to exam...more

Federal Contractors Beware – Part 3

Federal contractors beware. More changes are coming your way, again. On July 31, 2014, President Obama issued an executive order titled the “Fair Pay and Safe Workplaces Executive Order”. First, the order requires companies...more

EEOC Releases Guidance on Pregnancy Discrimination Laws

Guidance Does Not Address State-specific Laws and Requirements - The U.S. Equal Employment Opportunity Commission has released its new enforcement guidance on pregnancy discrimination issues. This is the first time in...more

Quirky Question #236, “I need some time off to give my daughter a mental boost…”

Question: We employ a very elderly lady, Agnes. In fact, she’s a great-grandmother. See has asked to take some time off under the Family and Medical Leave Act. See tells us that her daughter Beatrice is out of the...more

Can Watching Grandchildren Entitle Employee To FMLA Leave?

As all employers covered by the federal Family and Medical Leave Act (FMLA) are well aware, that Act requires them to provide up to 12 weeks of leave to employees providing care to covered family members with a serious health...more

No Return Date, No Problem: Seventh Circuit Reverses FMLA Summary Judgment for Employer

On June 24, 2014, the U.S. Court of Appeals for the Seventh Circuit held that an employee did not forfeit her right to leave under the Family and Medical Leave Act (“FMLA”) to care for her seriously ill adult daughter by...more

DOL Seeks to Extend FMLA Rights Relating to Same-Sex Spouses

The U.S. Department of Labor (DOL) published a notice of proposed rulemaking on June 27, 2014, announcing a proposal that would expand the definition of “spouse” under the Family and Medical Leave Act (FMLA) to include all...more

FMLA Leave Requests: Do Employees Need to Specify the Expected Duration of Leave?

Under the Family Medical Leave Act (FMLA), whether an employee is required to specify the expected duration of leave on a FMLA application depends on whether the leave is categorized as foreseeable or unforeseeable leave. If...more

The Family is Getting Bigger: Starting July 2014 California’s Paid Family Leave Expands

I’m not quite sure why California felt it was necessary to effectuate key changes to employment laws in the middle of summer when most of us are trying to break away from work and enjoy our vacations. As we recently discussed...more

Same-sex marriage and the FMLA: What you need to know

As most of you have heard by now, the U.S. Department of Labor has provided a “sneak preview” of a Notice of Proposed Rulemaking on the definition of “spouse” in the Family and Medical Leave Act. The proposed changes would...more

Labor Dept. Proposes to Extend FMLA Protections To Eligible Employees In Same-Sex Marriages

A rule proposed by the U.S. Department of Labor would extend the protections of the Family and Medical Leave Act (FMLA) to all eligible employees in legal same-sex marriages regardless of where they live. The FMLA allows...more

DOL Proposes To Amend FMLA’s Definition of ‘Spouse’

A year after the Supreme Court struck down Section 3 of the Defense of Marriage Act in United States v. Windsor, the U.S. Department of Labor (DOL) has proposed to amend its regulations under the Family and Medical Leave Act...more

DOL Proposes to Expand the Availability of FMLA Leave to All Same-Sex Spouses

On Friday, June 20, 2014, the Wage and Hour Division for the U.S. Department of Labor (“DOL”) announced a proposed rule that would extend the spousal leave protections afforded by the Family and Medical Leave Act (“FMLA”) to...more

Ninth Circuit Approves Employees' Right to Strategically Decline FMLA Leave In Escriba v. Foster Poultry Farms

Under the Ninth Circuit’s recent holding in Escriba v. Foster Poultry Farms, Inc., 743 F.3d 1236 (9th Cir. 2014), many employees now have greater flexibility to extend family and medical leave beyond the typical 12-week limit...more

FMLA to Cover Same-Sex Couples

President Barack Obama announced recently that he is directing the Department of Labor to propose a rule making legally married, same-sex couples eligible for benefits under the Family and Medical Leave Act in all fifty...more

Obama Administration Announces Proposed Rule Extending FMLA Leave Rights for Same-Sex Couples

President Obama plans to announce today a proposed rule that would allow an employee to take FMLA leave to care for a same-sex spouse, regardless of whether the employee lives in a state that recognizes their marital status. ...more

President Obama to Use His “Pen and Phone” to Expand LGBT Workplace Protections

June 2014 is Lesbian, Gay, Bisexual, and Transgender (LGBT) Pride month, and President Obama is set to mark the month by using his “pen and phone” approach to expand workplace protections for LGBT individuals. Frustrated with...more

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