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

What Employers Can Learn from Physicians When It Comes to Administering the FMLA

Earlier this month, I took one for the team. And I survived. I had the privilege of presenting to a number of employers and health care providers at the annual “Impairment Without Disability” conference, an event...more

“You Want More Time Off?” – Dealing with Employees’ Medical Leave Requests Under the FMLA and ADA [Video]

The webinar will review the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act Amendments Act (ADAAA), focusing on the interplay between the two statutes and the differing employer and employee...more

ERISA’s “Overlapping Fields of Fire” Preempt Wisconsin’s Family and Medical Leave Act

Wisconsin’s Family and Medical Leave Act (“WFMLA”), requires that employers allow employees six weeks of unpaid leave following “[t]he birth of an employee’s natural child,” and that employers allow an employee to substitute...more

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

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

Employment Law - Oct 2014

The Need to Correctly Classify Employees - Why it matters: Providing a $1.25 million lesson in the importance of correctly classifying employees, the Oakland Raiders settled a lawsuit brought by the team’s cheerleading...more

Pushing Employees To Work During FMLA Leave Can Backfire

If an employee claims her employer interfered with her rights under the Family and Medical Leave Act but she didn’t lose any salary or benefits, can she state an interference claim? In Evans v. Books-A-Million Inc., the...more

Employment Flash - September 2014

In This Issue: - SEC Pays First Whistleblower Award to Audit and Compliance Professional - Supreme Court Allows Affordable Care Act Contraceptives Religious Exemption - EEOC Adopts New Pregnancy...more

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

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

Failure to Advise Employee of Consequences of Not Returning Medical Certification Form Results in FMLA Interference Verdict

The Family and Medical Leave Act permits employers to require eligible employees to submit medical certification of their need for personal or companionship FMLA leave. Under Department of Labor rules, employees have 15 days...more

6 Tips for Preventing Employee Abuse of the Family and Medical Leave Act

The Family and Medical Leave Act (FMLA) allows eligible employees to take time off for certain serious health conditions, or to care for a spouse, parent or child with a serious illness or injury. While most FMLA leave is...more

Sixth Circuit Rules FedEx Failed to Properly Explain FMLA to Employee

The Sixth Circuit Court recently affirmed a jury verdict in favor of an employee in a major Family and Medical Leave Act (FMLA) interference claim. According to the decision, FedEx was liable for failing to provide the...more

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

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

Daddy Dearest?: Some Considerations Concerning Paid Parental Leave for Fathers in the United States

Recently I had a conversation with my father about his options for parental leave when I was born (1979). As a new father myself, I was curious what leave options were open to baby-boomer Dads. My father told me that it was...more

Employment Law Summer Recap 2014: Part 2 of 11 – What do the Ice Bucket Challenge and FMLA-Related Lawsuits Have in Common?

$113.6 million and counting – that’s the total amount donated to the ALS Association since July 29 as a result of the Ice Bucket Challenge. Just to put that fundraising number into perspective, the Association raised around...more

Trends in New Jersey Employment Law - September 2014

Third Circuit Renders Important Decisions on FMLA and FLSA - In recent weeks, the U.S. Court of Appeals for the Third Circuit rendered a trio of significant employment law decisions....more

Sixth Circuit Reminds Employers of Notice Requirement Under the FMLA

The United States Court of Appeals for the Sixth Circuit recently upheld a ruling that FedEx interfered with a former employee's rights under the Family and Medical Leave Act (FMLA) by failing to give her adequate notice of...more

Off-Duty Domestic Violence — What’s An Employer To Do?

Sometimes your employee is the victim. If so, you may have someone who is distracted, scared, upset, or frequently absent because of physical injury or psychological trauma, or court appearances. She (or he – men can be...more

Employer Rejects Employee's Fitness for Duty Certification, Faces FMLA Liability

The story is for all you hunt and peck typists out there. But its message is a lesson for all employers when it comes to returning your employee from FMLA leave....more

Requiring Employees to Work on Maternity Leave Could Interfere with FMLA Rights

If an employee claims her employer interfered with her rights under the Family and Medical Leave Act (FMLA), but she didn’t lose any salary or benefits, can she win her case? In Evans v. Books-A-Million, the Eleventh Circuit...more

Fourth Circuit Indicates That Employer Was Not Required to Provide Reduced Hour FMLA Leave Due to Business Needs

Job-protected Family and Medical Leave does not need to be taken as full-time absences from work. In some circumstances, the employee will request temporarily reduced hours to deal with a medical issue. In others, the...more

Inability to Show Receipt of FMLA Notice Defeats Employer's Summary Judgment Motion

Why do lawyers insist that everything be sent by certified or registered mail? A new case from the Third Circuit Court of Appeals demonstrates how the inability to prove that a required notice had actually been mailed...more

Can You Prove the Mail Was Delivered? If You Are Sending An FMLA Notice, the Answer Must Be Yes

A recent case emphasizes the importance of implementing procedures that establish strict compliance with the employer notice obligations under the FMLA. In Lupyan v. Corinthian Colleges, Inc., the Third Circuit held that...more

Third Circuit Sets Standard for Return to Work Under the Family and Medical Leave Act

On August 27, 2014, the U.S. Court of Appeals for the Third Circuit issued an opinion in Budhun v. Reading Hospital and Medical Center reversing the U.S. District Court for the Eastern District of Pennsylvania, which granted...more

Third Circuit Decision Will Make It More Difficult for Employers to Defeat FMLA Interference and Retaliation Claims

Recently, the U.S. Court of Appeals for the Third Circuit issued a decision that raises the bar for employers seeking summary judgment on claims raised under the Family and Medical Leave Act (FMLA) for interference with...more

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

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