Family Medical Leave Act

The Family Medical Leave Act is a United States federal statute enacted in 1993 to protect employees from negative employment consequences associated with family illness. The FMLA allows covered employees to take... more +
The Family Medical Leave Act is a United States federal statute enacted in 1993 to protect employees from negative employment consequences associated with family illness. The FMLA allows covered employees to take up to twelve weeks of unpaid, job-protected leave, in order to care for a qualified family member or address a personal medical issue.   Situations covered under the Act include: birth of a child and care of a newborn; placement of an adopted or foster child; serious illness of an employee's spouse, child or parent;  serious illness of the employee that affects ability to perform his/her job; situations arising out of an employee's spouse, child or parent's active military service. Employees who take leave to care for a seriously injured family servicemember are eligible for longer periods of covered leave.  less -
News & Analysis as of

More FMLA rights for same-sex couples

Under a new rule published on February 23, 2015 by the Department of Labor (DOL), beginning March 27, 2015, same-sex couples will enjoy expanded Family and Medical Leave Act (FMLA) rights....more

DOL Extends FMLA Protection to Same-Sex Spouses

The U.S. Department of Labor (DOL) recently issued a final rule amending its definition of “spouse” under the Family and Medical Leave Act (FMLA) to extend FMLA protection to legally married employees with same-sex spouses,...more

Department of Labor Expands FMLA Coverage for Same-Sex Spouses

Same-sex spousal rights, particularly in the area of employment law, are in a state of flux. This conundrum will hopefully be resolved later this year when the U.S. Supreme Court issues a ruling on a collection of four cases...more

DOL Issues Final Rule Providing FMLA Rights To All Workers in Legal Same-Sex Marriages

The Department of Labor issued its Final Rule on Family Medical Leave Act (FMLA) rights on February 25, joining the Internal Revenue Service in adopting the “place of celebration”/“state of celebration” test. By virtue of...more

Under Final FMLA Rule, Rights for Same-Sex Spouses Will Be Based On "Place of Celebration"

On February 23, 2015, the Department of Labor (“DOL”) announced the final rule to revise the definition of spouse under the Family Medical Leave Act (FMLA). The changes to the FMLA regulations will take effect on March 27,...more

DOL Issues Final FMLA Rule that Offers Equal Leave Rights to Same-Sex Spouses

This week, the U.S. Department of Labor (“DOL”) announced its final rule regarding the definition of “spouse” for purposes of the Family and Medical Leave Act. The rule changes the definition of the term “spouse” from one...more

Department of Labor: Married Same-Sex Couples Have FMLA Rights Regardless of State of Residence

The U.S. Department of Labor ("DOL") recently announced its Final Rule changing the definition of "spouse" in the Family and Medical Leave Act ("FMLA") to include most same-sex married couples. The Final Rule becomes...more

DOL Expands FMLA Rights for Same-Sex Spouses

On February 25, 2015, the U.S. Department of Labor’s Wage and Hour Division (DOL) published a final rule to revise the Family and Medical Leave Act of 1993’s (FMLA) definition of “spouse,” expanding FMLA leave to employees...more

FMLA Modified to Protect Same-Sex Spouses Regardless of State of Residence

Among its many protections, the federal Family and Medical Leave Act (FMLA) affords certain covered workers job-protected leave to care for a spouse who has a serious health condition. Since enactment of the FMLA, the law of...more

Congress Renews Its Battles Over Workplace Rights and Obligations

With Republicans now controlling both houses of Congress, we can expect to see the introduction — or reintroduction — of various pieces of legislation largely designed to advance the agenda of the majority party on issues...more

Employment at Will Comes with Many Exceptions

Kentucky employment law generally recognizes that most employment is “at-will” – meaning, employees serve at the pleasure of the employer, and termination of an employee does not require “just cause.” ...more

Federal FMLA Regulations Recognize Same-Sex Marriages

The U.S. Department of Labor today announced changes to the regulations that define a “spouse” for purposes of the federal Family and Medical Leave Act. The changes fully implement the U.S. Supreme Court’s decision in United...more

DOL Issues Final Rule Extending FMLA Leave Rights to Same-Sex Couples: Here's Everything Employers Need to Know

The Department of Labor has issued a final rule that will 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. This...more

The U.S. Department of Labor Announces a Revised Definition of “Spouse” Under the FMLA

The U.S. Department of Labor (“DOL”) today announced a change to the definition of spouse under the Family and Medical Leave Act (“FMLA”). Under this new rule, which will be published later this week (on February 25, 2015),...more

New FMLA Rule Will Give Rights To Same-Sex Spouses Based On “Place Of Celebration”

The U.S. Department of Labor announced today its Final Rule changing the definition of “spouse” in the Family and Medical Leave Act to include most same-sex married couples. I blogged about the proposed rule in June, and the...more

2014's Hottest Employment Rulings Affecting Southeastern Employers

2014 saw a wide range of employment issues presented before the 11th Circuit. This article seeks to highlight some of the more frequently cited 11th Circuit opinions from last year. The updates below, although not earth...more

Termination Of Employee For Engaging In Outside Work While On FMLA/CFRA Upheld, But “Honest Belief” Standard Not Addressed

In Richey v. AutoNation, Inc., the California Supreme Court held that an arbitrator committed no legal error when he determined that an employer lawfully terminated an employee for engaging in outside employment while on...more

Hey Guys, You Get “Maternity” Leave, Too!

For years, the Massachusetts Maternity Leave Act (“MMLA”), M.G.L. c. 149, §105D, only applied to female employees by its literal terms. The Massachusetts Commission Against Discrimination (“MCAD”), the agency tasked with...more

Making Sure Your FMLA Policy Covers the Basics

Too often, employers assume that their policies comply with the basic tenets of regulatory provisions and proceed to other details without regular, careful review. ...more

Same - Sex Marriage and the Workplace

Alabama's recent news headlines have been dominated by the subject of same-sex marriage. There are very strong opinion on both sides of the issue, and Alabama has now joined the long list of states involved in litigation...more

Employee Handbook Mistakes Can Come Back to Bite Employers

Courts often conclude that absent appropriate disclaimer language and statements in employee handbooks are “promises” to employees, binding employers to abide by these promises in their dealings with employees. However, a...more

California Supreme Court Reaffirms High Bar for Reversal of Arbitration Decision

Avery Richey v. AutoNation, Inc., et al. - Supreme Court of California (January 29, 2015) - Generally, courts cannot review arbitration awards for errors of fact or law, except as provided for under limited...more

Rules differ regarding second opinions on fitness-for-duty certifications

Employers may require fitness-for-duty certifications in a variety of circumstances, including employees returning from leave under the Family and Medical Leave Act (FMLA) and determining the existence of disabilities or the...more

No Tag-Backs! Employee Is Entitled to FMLA Coverage, Even Though Not Eligible

The playground game of tag has been played since at least the Cretaceous Period, with efforts by paleontologists to verify earlier origins of the game inconclusive to date. As all sophisticated tag players know, the unwritten...more

Why Employers Should Think Twice Before Making Employees Play Hurt

Recently, my Alma Mater, The University of Southern California, was sued by a former member of the Trojan football team. Former cornerback Brian Baucham filed a lawsuit against USC and former coach Lane Kiffin, alleging he...more

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