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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 -

Is Crying At Work Sufficient Notice Of An FMLA Covered Condition?

by Jackson Lewis P.C. on

It is well established that an employee need not specifically request leave under the Family and Medical Leave Act (“FMLA”) in order to benefit from the Act’s protections. Rather, the law requires the employer to take action...more

Fourth Circuit Decision Reiterates That Filling Employee’s Position During Leave And Re-Assigning Employee To A Different But...

by Seyfarth Shaw LLP on

Synopsis: The Fourth Circuit Court of Appeals recently ruled that an employer had done nothing wrong when it (i) filled the plaintiff’s position during his leave, (ii) restored the plaintiff to a different, but equivalent,...more

What Am I Doing Wrong?? Common FMLA Mistakes.

by Jackson Lewis P.C. on

“What did I do wrong?” and “Am I doing this correctly?” are frequent questions from clients regarding FMLA administration. This is the eighth in a monthly series highlighting some of the more common mistakes employers can...more

Are Remote Employees Eligible for FMLA Leave?

by Nexsen Pruet, PLLC on

More and more employees are working remotely these days. So, what does an employer do when an employee who works from home—more than 75 miles from the employer’s office—requests FMLA leave? ...more

Managing the Competing Obligations of the FMLA and ADA

by PilieroMazza PLLC on

An employee asks for over 12 weeks of leave for an illness under the Family and Medical Leave Act (FMLA)—does this also constitute a request for accommodation under the Americans with Disabilities Act (ADA)? The interplay...more

Is Your Company Ready For The Chicago And Cook County Sick Leave Ordinances Effective July 1, 2017?

by SmithAmundsen LLC on

The July 1st effective date of the Cook County and Chicago Sick Leave Ordinances is quickly approaching and employers must review their paid time off, sick and vacation policies now to ensure compliance with the new...more

What Should I Tell Employees On Leave About Their FMLA Usage? Everything!

by Jackson Lewis P.C. on

When it comes to FMLA leave administration, “don’t sweat the details” is rarely a wise axiom. Details matter. A lot. A recent decision by an Illinois federal court reinforces that lesson. In March 2015, Amanda Dusik...more

Don’t Be Chatty about FMLA Leave

If you’re not careful, a casual reference to an employee’s FMLA leave might give rise to an FMLA interference claim. A recent Florida case, Holtrey v. Collier County Bd. of Commissioners, reminds us that you can get into...more

Are You Coming In Today? An FMLA Intermittent Leave Toolkit

by Jackson Lewis P.C. on

Intermittent leave continues to present some of the most exasperating FMLA issues. In March, the San Diego-based Disability Management Employer Coalition (DMEC) issued a white paper showing the findings of its annual 2016...more

10 Strategies for Limiting FMLA/CFRA Abuse

by Jackson Lewis P.C. on

The federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) provides for overlapping, as well as separate leaves of absences. The administration of these leaves can be confusing and...more

Third Circuit: No Direct Evidence Needed for Mixed-Motive Jury Instruction in FMLA Retaliation Cases

by Jackson Lewis P.C. on

A former employee alleges that he was terminated because he exercised his right to take intermittent leave under the Family and Medical Leave Act. His former employer asserts that his FMLA leave had nothing to do with his...more

Congress Proposes Adding Parental Bereavement Leave to FMLA

by Jackson Lewis P.C. on

On March 16th, a bipartisan group of Representatives, which included Paul Gosar, Don Beyer, Martha McSally, Brad Schneider, Tom Suozzi and Barbara Comstock, introduced the Parental Bereavement Act of 2017, also known as the...more

Employers Beware: Intermittent FMLA Absences Not Subject to “Proof of Need”

by Jackson Lewis P.C. on

On January 27, 2017, the Eleventh Circuit Court of Appeals issued a decision that provides a cautionary tale to employers about seeking documentation from an employee on intermittent FMLA leave. In Diamond v. Hospice of...more

Court Requires Employer to Investigate Whether “In Loco Parentis” Status Applies for a FMLA Request

Under the FMLA, eligible employees can take leave to care for a “parent,” which can include an individual who stood in loco parentis to an employee, such as someone who took care of the employee when the employee was a minor;...more

What Am I Doing Wrong?? Common FMLA Mistakes.

by Jackson Lewis P.C. on

“What did I do wrong?” and “Am I doing this correctly?” are frequent questions from clients regarding FMLA administration. This is the sixth in a monthly series highlighting some of the more common mistakes employers can...more

“You Can’t Do That to Me, I Requested FMLA Leave!” – Proving FMLA Retaliation

by Baker Donelson on

Employers are often hesitant to take disciplinary or other actions with an employee who has recently requested or has taken leave under the Family and Medical Leave Act (“FMLA”). While the law does not prohibit such action,...more

What Am I Doing Wrong? Common FMLA Mistakes – the California Edition

by Jackson Lewis P.C. on

“What did I do wrong” and “Am I doing this correctly?” are frequent questions from clients regarding FMLA administration. Employers with operations in California need to worry about both the FMLA and the California Family...more

[Webinar] Employment Law Webinar: Negotiating the Maze of Overlapping Leave Laws - March 22nd, 10:00am PST

by Payne & Fears on

Please join us March 22, 2017 at 10:00 a.m. PST for an employment law presentation on overlapping leave laws. Our experienced employment lawyers will review major federal and California laws regarding employee leaves of...more

Focus on the FMLA – Part I

by Zelle LLP on

This post is the first of two about the Family and Medical Leave Act (FMLA)—and more specifically, about aspects of the FMLA that may be less familiar and seem to be sticking points for employers’ compliance efforts....more

An FMLA Cautionary Tale For Employers.

A jury socked it to a Wisconsin employer last year in a Family and Medical Leave Act case, and the U.S. Court of Appeals for the Seventh Circuit recently affirmed. Well, I take that back. The Seventh Circuit didn’t...more

Former Pa AG Investigator’s FMLA Claim Dismissed: No FMLA Protection After Leave Ends Despite Extension of Leave

by Saul Ewing LLP on

The saga of former Attorney General Kathleen Kane continued in the courts on January 4, 2017 when Judge Sylvia Rambo (Middle District of Pennsylvania) dismissed an FMLA claim brought against her by a former investigator. In...more

They’re Back! What Should Employers Expect from the 2017 Connecticut General Assembly Session?

On January 4, the 2017 session of the Connecticut General Assembly begins. The session is scheduled to adjourn on June 7, 2017. Numerous proposed bills affecting Connecticut employers and employees will be unleashed during...more

From the Archives: The Basics of Bereavement Leaves in Connecticut

by Shipman & Goodwin LLP on

As I noted last week, I’m taking a few days off from the blog. In the meantime, I’m going to be re-running a few posts from my “Basics” series way back in 2008-9 that you might have missed. I hope you find them helpful....more

An Example of the Interplay Between State and Federal FMLA

Any Connecticut employer with more than 50 employees is subject to both the state and federal Family and Medical Leave Acts. The key provisions of the two laws are nearly identical, with one significant exception: the...more

Refereeing FMLA Leave: When Making The Call To An Employee On FMLA Leave Is Out Of Bounds

by Akerman LLP - HR Defense on

Can I call an employee to answer a work-related question while he is out on FMLA leave recovering from surgery? If he wants to join a conference call, can I let him, or am I exposing the company to a claim that we...more

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