News & Analysis as of

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 -

The ADA Is Not a Medical Leave Entitlement, Seventh Circuit Declares

Today’s employers must run their businesses within the competitive environment in which they operate while affording employees an ever-increasing array of leaves. Yet, running a business without a full complement of employees...more

Federal Appeals Court Affirms Six-Figure Jury Verdict in Pregnancy Discrimination Act Claim

by Franczek Radelet P.C. on

A recent decision issued by the U.S. Court of Appeals for the Eleventh Circuit serves as a cautionary tale for employers quick to deny employees’ requests for accommodations after returning from maternity leave. The Pregnancy...more

No Summer Breaks for the EEOC

by Kelley Drye & Warren LLP on

As many of us settle into September, with fond memories of our summer vacations, do not think that the federal agencies were on a hiatus. In fact and despite predictions that the EEOC under the new administration would be...more

After the Storm: What You Need to Know for Employment Law

Recovering from the effects of a natural disaster, such as Hurricane Irma, can seem daunting, especially for employers having to address the fallout on both professional and personal fronts. It is therefore understandable...more

Faulty Issues With No Fault Attendance Policies

by Baker Ober Health Law on

Many of our clients have no fault attendance policies by which the employees are assessed a point or half of a point for each tardy, absence or for leaving their shift early. Once the employee meets the required number of...more

BREAKING: Budget Implementer Bill Contains Big Proposed FMLA Changes for Connecticut

by Shipman & Goodwin LLP on

Late this morning, the proposed bill implementing the state’s budget (a so-called “budget implementer”) was finally released. And like years past, the bill contains some nuggets that are seemingly unrelated to a budget....more

Workers’ Comp Release Doesn’t Cover FMLA Claims, Says Third Circuit

On Monday, September 11, 2017, the U.S. Court of Appeals for the Third Circuit held, in a precedent-setting opinion, that a workers’ compensation compromise and release agreement (C&R) did not prevent a former Boscov’s...more

If an Employee Attends a Beyonce Concert While on FMLA Leave, Can She Be Terminated?

by Franczek Radelet P.C. on

All the single ladies . . . all the single ladies . . . Now put your hands up, oh, oh, oh . . . Imagine marketing director, Michelle, jamming to this Beyonce song in the middle of AT&T Stadium in Dallas. On that very...more

Disasters and the Workforce: Navigating Stormy Waters

by Akerman LLP - HR Defense on

Thousands of Florida coastal residents were ordered to evacuate last week in anticipation of Hurricane Irma, even as their employers remained open. A pizza restaurant manager made headlines when he threatened action against...more

Two Weeks Until New Protections for Pregnant Employees Become Effective

by Shipman & Goodwin LLP on

For those unfamiliar with the way a lot of Connecticut laws get implemented, October 1st could seem like just another day. (Though for my kids, they would be impressed that it was a different October 1st in 1982 that EPCOT...more

Winter Is Coming: Paid Family Leave Arrives in New York State

While New York State’s Paid Family Leave Benefits Law (the PFL) becomes effective as we ring in the new year on Jan. 1, 2018, employers should spend the remainder of 2017 scrambling to determine how to minimize its disruptive...more

Indefinite Leave Not A Reasonable Accommodation Under Connecticut Law

by Murtha Cullina on

On September 5, 2017, the Connecticut Appellate Court affirmed the Superior Court’s entry of summary judgment in favor of the employer in a case involving the thorny issue of whether an extended leave of absence is a...more

Hurricane Recovery Client Alert: Managing Employees after Hurricane Harvey

by Morgan Lewis on

As businesses and employees begin the journey to recovery, employers should be mindful of federal and state laws related to leaves, planned and unplanned absences, accommodations, and pay practices....more

Investigate FMLA Fraud? Absolutely! But…

by Bryan Cave on

Courts have repeatedly affirmed employers’ right to investigate the perceived misuse or abuse by employees of leave under the Family and Medical Leave Act (“FMLA”). After all, while eligible employees have the right to take...more

Hurricane Irma: 10 Challenges for Employers

by Littler on

Hurricane Irma shows no sign of relenting as it barrels toward Florida and the Southeast Coast of the United States. As noted in a prior Littler article about Irma, safety and security are the top priorities at this point....more

Comprehensive FAQs For Employers On Hurricanes And Other Workplace Disasters

by Fisher Phillips on

This list of frequently asked questions was originally prepared by the law firm of Fisher Phillips in 2005, in response to Hurricanes Katrina, Rita and Wilma. It has been updated several times over the course of the past 12...more

Hurricane Ready: 5 Ways Florida Employers Can Prepare for the Next Big Storm

With the peak of hurricane season approaching, the devastating effects of Hurricane Harvey fresh in our minds, and Hurricane Irma intensifying in the Atlantic Ocean with a westward path, Florida employers may want to...more

New Texas Law Provides Equal Protection to Foster Parents Under Family Leave Policies

by Seyfarth Shaw LLP on

Seyfarth Synopsis: At the state level, Texas law does not require employers to provide family leave to employees. However, a newly enacted law provides that if a Texas employer chooses to offer time off to employees to help...more

EEOC Sues Blood Bank of Hawaii For Disability Discrimination

Employees With Disabilities Fired for Needing Additional Leave, Federal Agency Charges - HONOLULU, Hawaii - Blood Bank of Hawaii violated federal law when it refused to provide reasonable accommodations for and then fired...more

What Issues May Employers Be Required to Address as Hurricane Irma Threatens?

by FordHarrison on

As Florida and the East Coast of the U.S. brace for Hurricane Irma, the approaching storm serves as a reminder that employers should be prepared to address storm-related issues if they are required to close their businesses...more

Employers Brace for Hurricane Irma

by Littler on

With many Americans still reeling from the devastation of Hurricane Harvey, the next storm is already approaching. Hurricane Irma, one of the strongest storms ever recorded, is approaching Puerto Rico and the U.S. Virgin...more

New York Paid Family Leave Update: Additional Guidance on Tax Treatment

by Morgan Lewis on

The New York State Department of Finance and Taxation recently released guidelines for employers and insurers concerning tax treatment of deductions and benefits under the New York Paid Family Leave Law....more

EEOC Sues Illinois Employer for Refusing to Provide Disabled Employee Additional Leave

by Hinshaw & Culbertson LLP on

You have complied with the Family Medical Leave Act by allowing an employee with a serious medical condition 12 weeks of leave. You even provided a few additional weeks even though he has exhausted all available leave. When...more

Third Circuit Says No Section 1983 Claim Under ADA Or Title VII

by DeWitt Law, LLC on

In Williams v. Pennsylvania Human Relations Commission, No. 16-4383. 2017 U.S. App. LEXIS 16618 (3rd Cir. Aug. 30, 2017), the Third Circuit joined all the other circuits that have visited the issue and ruled that alleged...more

Employer Considerations in the Wake of Devastation

by Jackson Walker on

As businesses resume operations and start the recovery from Hurricane Harvey, they are likely to face a variety of employment related challenges. These are a few of the issues that employers should be prepared to address....more

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