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Employee Rights Family and Medical Leave Act (FMLA) Corporate Counsel

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 -
Constangy, Brooks, Smith & Prophete, LLP

FMLA abuse: 5 things this employer did right

How'd that happen? An employer who terminated an employee after he took intermittent FMLA leave for diabetes won its case, and recently won again on appeal. According to both courts, the employee appeared to be trying to...more

Fisher Phillips

An Employer’s Guide to Workplace Protections for Abortion-Related Decisions

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Employers likely have questions about abortion-related employment protections and healthcare benefits after Friday’s SCOTUS controversial decision that overturned Roe v. Wade. Given the ruling, people in states with strict...more

Bressler, Amery & Ross, P.C.

11th Circuit Reminds Employers to Provide Injured Employees with FMLA Rights Separate and Apart from the Workers’ Compensation...

In a recent decision, the U.S. Court of Appeals for the Eleventh Circuit determined that an employer could be found liable for violating the Family Medical Leave Act (“FMLA”) when it failed to provide an employee with notice...more

Fisher Phillips

December 2020: The Top 18 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Constangy, Brooks, Smith & Prophete, LLP

Your Families First Coronavirus Response Act Questions Answered! (Some Of Them, Anyway)

Yesterday the U.S. Department of Labor published three pieces of guidance on the Families First Coronavirus Response Act provisions relating to expanded leave under the Emergency Family and Medical Leave Expansion Act and...more

Littler

Veterans Day: Going Beyond Giving a Day Off

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The tradition of annually recognizing the courage and contribution of our veterans dates back to November 11, 1919, the first anniversary of the end of World War I.  November 11th became a national holiday in 1938; employers...more

Jackson Lewis P.C.

What Am I Doing Wrong?? Common FMLA Mistakes

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“What did I do wrong?” and “Am I doing this correctly?” are frequent questions from clients regarding FMLA administration. This is the 26th blog in in this series, which digs into the FMLA regulations and related issues to...more

Jackson Walker

Is There Anything Improper About Taking a Vacation During FMLA Leave?

Jackson Walker on

While posting vacation photos on Facebook during a leave under the Family and Medical Leave Act (FMLA) is probably not a stellar idea, the question of whether an employee can take a vacation during FMLA leave may not be so...more

Ballard Spahr LLP

DOL Seeks to Improve Employers’ FMLA Forms

Ballard Spahr LLP on

The Department of Labor (DOL) published a notice seeking comment on proposed revisions to its Wage and Hour Division’s optional-use forms that employers often use to implement the Family and Medical Leave Act (FMLA)....more

Bradley Arant Boult Cummings LLP

Terminating an Employee on Maternity Leave and Winning the Case: The Eleventh Circuit Affirms a Jury Verdict for Winn-Dixie

An employee is on maternity leave and it does not look like she is going to be returning to work. Should you go ahead and terminate her employment during the maternity leave? Wait until it is over to terminate her employment?...more

Littler

DOL Issues Six New Opinion Letters and Establishes a New Office of Compliance Initiatives

Littler on

The U.S. Department of Labor (DOL) has issued six new opinion letters addressing various matters under the federal Fair Labor Standards Act (FLSA) and Family and Medical Leave Act (FMLA). ...more

Jackson Lewis P.C.

Documented Performance Issues And Inadequate Notice Of Need For Leave Sink Employee’s FMLA Claims

Jackson Lewis P.C. on

Granting summary judgment to an employer on Family and Medical Leave Act claims asserted by a former employee, an Illinois district court held that: (1) the employee had failed to demonstrate his firing had any causal...more

Jackson Lewis P.C.

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

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

Foley & Lardner LLP

25 Years of the ADA: Five Tips for ADA Compliance

Foley & Lardner LLP on

Last week – July 26, 2015, to be precise – marked the 25th anniversary of the passage of the Americans with Disabilities Act. The anniversary kicked off celebrations of, according to the U.S. Department of Justice, the...more

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

The Same-Sex Marriage Ruling: Key Employment Law Take-Aways

On June 26, 2015, the Supreme Court of the United States answered the two questions it posed in the consolidated same-sex case, Obergefell v. Hodges, No. 14-556 (June 26, 2015). The consolidated case arose from challenges to...more

Parker Poe Adams & Bernstein LLP

FMLA Does Not Require Employer to Agree to Altered Work Schedule or Work From Home

The Family and Medical Leave Act requires employers to provide job-protected leave to eligible employees. Sometimes, employers receive FMLA requests from employees that involve shifts to the working schedule or other measures...more

Franczek P.C.

FMLA Leave for Headache Effectively Converts Full-Time Position into Part-Time Position; Employers' Shrieks Heard Across the...

Franczek P.C. on

This one is a real headache. Sam oversees a storage area for the Connecticut Department of Transportation (ConnDOT) and during certain times of the year, his position requires a fairly extensive amount of overtime. For...more

Bond Schoeneck & King PLLC

Be Prepared: Understanding the Impact That the Ebola Outbreak May Have on Employers

Two months ago, many Americans were unfamiliar with the term “Ebola.” It’s amazing how quickly things can change. Today, you cannot turn on your television or read a news article without hearing or seeing reference to this...more

Franczek P.C.

Don't Be Tripped Up by Light Duty Obligations under the FMLA and ADA: A Discussion of Employer Best Practices

Franczek P.C. on

Earlier this week, I had the privilege of presenting on the FMLA and ADA reasonable accommodations at CUPA-HR‘s annual conference with my friend, Stan Kulesa from The Standard....more

Franczek P.C.

Are You a Co-Employer? FMLA Joint Employer Liability Can Be Deadly

Franczek P.C. on

To be covered by the FMLA, a private employer must employ at least 50 employees within a 75-mile area. If the employer doesn’t meet this threshold, it is not obligated to provide FMLA leave to its employees. However, an...more

Franczek P.C.

FMLA FAQ: Can We Terminate an Employee for Working a Second Job While on FMLA Leave?

Franczek P.C. on

If the employer has a uniformly-applied policy governing outside or supplemental employment, such a policy may continue to apply to an employee while on FMLA leave. An employer which does not have such a policy may not deny...more

Littler

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

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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

Pullman & Comley - Labor, Employment and...

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

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