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

A Cautionary Tale: How Sudden Changes to Intermittent FMLA Can Cost You

A January 9 decision by the Seventh Circuit Court of Appeals serves as a vivid reminder that employers must tread with great caution when managing intermittent leave under the Family and Medical Leave Act. As the ruling in...more

Employer Violates FMLA for Failure to Provide Calculation of When Leave Expires, Court Rules

In a case reminding employers of their obligation to notify employees about their Family and Medical Leave Act rights, the District Court of New Jersey has ruled that an employer violated the FMLA when it terminated an...more

Employee Cannot Maintain Collective Action for Employer’s Failure to Post FMLA Notice

We all know that the FMLA is fraught with pitfalls that can lead to costly mistakes. But a collective action for simply failing to post a notice? On January 6, 2017 a U.S. District Court in Maryland rejected such an attempt....more

Is it a New Leave Year?

As the clock struck midnight on December 31, 2016, employees across the United States were celebrating. While most were celebrating the coming of the New Year (or perhaps, more likely, good riddance to 2016), some employees...more

Employee’s ADA and FMLA Claims Survive Summary Judgment After Leaving Work Early To Go To Hospital

In Knight v. Barry Callebaut USA Service Company, Inc., the United States District Court of the Eastern District of Pennsylvania denied an employer’s motion for summary judgment on claims brought by a terminated employee...more

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

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

Delaware Law Now Protects Reproductive Health Decisions and Family Responsibilities

An amendment to the Delaware Discrimination in Employment Act (DDEA) has taken effect and it opens employers up to new discrimination claims by Delaware employees. The DDEA now prohibits discrimination by an employer...more

What Am I Doing Wrong?? Common FMLA Mistakes.

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

Employer Responsibilities re Mental Health Conditions

The Equal Employment Opportunity Commission recently issued a “User-Friendly Document” explaining the rights of job applicants and employees with mental health conditions. In doing so, the EEOC has confirmed that individuals...more

Labor & Employment E-Note - December 2016

When Donald Trump takes office in January 2017 he will enjoy Republican majorities in both the House and Senate, which should allow him to take quick action on a number of employment law issues.Although there is some...more

2016: Year in Review

As 2016 comes to a close, there is understandable concern about and interest in changes to employment laws and regulations that may be initiated by a new federal administration. Although enforcement and regulatory priorities...more

Seasonal Affective Disorder - It Can Be More Than the Winter Blues

As the weather continues to get colder and the days get darker, some people may notice that they feel more tired, experience weight gain, or struggle to get out of bed in the morning. For most, these symptoms begin in the...more

What Does Florida's New Medical Marijuana Law Mean for Employers?

As employers in Florida prepare for the new year, many may wonder how Florida’s new medical marijuana law will impact them. In the November 2016 election, Florida as well as Arkansas, North Dakota and Montana all approved...more

Top 5 HR resolutions for not getting sued in 2017

As 2016 draws to a close, each of us will likely take time to reflect on what we hope to achieve in the coming year. In my case, this reflection usually involves resolving to be happier and more productive and reduce my carb...more

Texas Appellate Court Finds Employee on FMLA Leave Is Not Entitled to Unemployment Benefits

In a case of first impression, Texas’s Second Court of Appeals recently examined the issue of whether an employee who is taking leave under the federal Family and Medical Leave Act (FMLA) may obtain unemployment benefits...more

EEOC Issues Publication Informing Job Applicants and Employees with Mental Health Conditions of their Employment Rights

On December 12, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) issued a user-friendly resource document aimed at informing applicants and employees with mental health conditions about their workplace rights...more

New Leave Laws in Illinois

Illinois employers should be aware of four new leave laws that may require revisions to leave policies and procedures: Illinois Employee Sick Leave Act: Effective January 1, 2017, this act requires Illinois employers to...more

Should Employers Make Paid Parental Leave a Basic Employee Benefit? Considerations for Drafting a Parental Leave Policy

Netflix. Google. Proctor & Gamble. Accenture. IKEA. Greensboro, North Carolina. What do these have in common? They are employers. And they offer their employees paid parental leave....more

Tips for Claims Under the Pregnancy Discrimination Act and the American Disabilities Act

Did you know that a pregnant employee who has complications may be equivalent to an employee with a disability? Recent cases hold that pregnant employees with complications may be entitled to reasonable accommodations. The...more

4th Circuit Bounces Bank's Request to Dismiss Manager's FMLA Case

In a relatively recent decision, the U.S. Court of Appeals for the 4th Circuit (whose rulings apply to all South Carolina employers) found that an employer's faulty notice to an employee about his rights under the Family and...more

Expect Big Changes in Labor and Employment From the Trump Administration

Since at least the 1920s, Republicans have been viewed as the party of commerce, small government and less regulation. And, to be sure, most Republicans still are. But Donald Trump challenged all of those assumptions by...more

Termination of Employee for FMLA Abuse Affirmed by Fourth Circuit

FMLA abuse is an increasing problem oftentimes leaving employers searching for options. However, the Fourth Circuit Court of Appeals gave employers a win in Sharif v. United Airlines, Inc., when it affirmed an employer’s...more

Penske and the warehouse manager: Logistics of FMLA interference

FMLA Rights - Discrepancies and dishonesty - Kris Olson was a warehouse manager for Penske Logistics. After 12 years with the company, he received his first formal disciplinary notice in January 2014. He was given...more

The Election is Over, Now What?

Now that the election is over, many clients and friends are asking what labor and employment law might look like under the soon to be President Trump. Of course, no one can predict exactly what will happen in the coming term....more

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