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

Employee’s Inability to Meet Job’s Attendance Requirements Divests her of ADA Protections Sixth Circuit Holds

The converging paths of the Family Medical Leave Act’s (FMLA) and the Americans with Disabilities Act (ADA) ranks among the most difficult legal issues for employers to safely traverse. Employers should think twice before...more

Employer Guide to Family and Medical Leave Act

The U.S. Department of Labor, Wage and Hour Division, has issued a new guide for employers on the Family and Medical Leave Act....more

Connecticut Businesses Should Exercise Caution on DOL’s New FMLA Guide for Employers

Over the years in the employment law “blawgosphere” (isn’t there a better term by now?), I’ve had the pleasure of meeting with and conferring with several other attorneys who blog. One of those is Jeff Nowak, whose FMLA...more

DOL Requires Employers to Use New FMLA Poster, Publishes Guide to Help Employers Administer FMLA

Earlier today, the Department of Labor announced that it soon will require employers across the country to post a new DOL general FMLA Notice in their workplaces.  In issuing this new directive, the agency also unveiled a new...more

The Proper Response When an Employer Learns That an Absence Might Be Protected By FMLA

Regulations enforcing the state and federal Family and Medical Leave Acts (note: FMLA is applicable to employers with at least 50 employees) require an employee to give 30 days’ advance notice when the need for leave is...more

Parental Leave Precautions

Last week, Coca-Cola announced that many new parents at the company (domestic non-bargaining employees) will soon be eligible for six weeks of paid leave. The benefits, which supplement existing short-term disability benefits...more

New York Budget Deal Will Bring $15 Minimum Wage and Broad Paid Leave Legislation

On April 4, 2016, New York Governor Andrew Cuomo signed legislation to phase in an increased minimum wage and guarantee paid family leave to all eligible employees throughout New York State. The legislation was part of the...more

New York: Paid Leave

Until now, within the U.S., only California, New Jersey, Rhode Island, and Washington have had paid family leave statutes, none of which offers benefits longer than six weeks. New York now joins those states offering a paid...more

Employment Law Navigator – Week in Review: April 2016 #3

Equal Pay Day was last Tuesday. Commentators and media outlets covered the current status of the gender wage gap and the efforts to eliminate it. The Washington Post reported on the controversy surrounding the...more

Employment Law Developments for Manufacturers:  Predictably Unpredictable!

Manufacturers should take note of two recent developments in the human resources world. One expected. The other not. Frequent readers of this blog may recall that in January I predicted the United States Department of...more

State and Local Law Update Could Signal Trend

Employers should generally be aware and mindful of employment law at the state and local level as a possible signal of larger movements. Over the past couple of weeks, significant changes have occurred in minimum wage and...more

Preventing Unauthorized Access to and Disclosure of Confidential Employee Information

Inherent in all employment relationships is the fact that employers are privy to all sorts of confidential information about their employees. For example, in order to do something as simple as paying an employee’s wages, an...more

Second Circuit Holds HR Professionals Can Be Liable as ‘Employers’ Under FMLA

The Second Circuit Court of Appeals has recently held that a human resources manager could be held liable as an employer under the Family and Medical Leave Act (FMLA). In issuing its decision in Graziadio v. Culinary...more

New York Appeals Court Imposes Individual Employee Liability for Interfering with FMLA Leave and Retaliation

On March 17, 2016, the federal Court of Appeals in New York held for the first time as Second Circuit law that a human resources director and other managers can be liable for personally violating another employee’s rights...more

Paid Family Leave and $15 Minimum Wage Coming to New York

New York has enacted legislation that, over the next several years, will phase in 12 weeks of paid family leave for all employees, as well as a $15 minimum wage in New York City and other parts of New York State. The...more

The Rights and Limitations of Associational Discrimination under the ADA

While a recent Second Circuit case received lots of headlines regarding its discussion of individual liability under FMLA, the case has some other nuggets for employers to understand, as my colleague Gary Starr explains in...more

Employment Law Letter - Spring 2016

Will Smoking Pot on the Job Get You Fired? You’d think that would be a slam dunk question, but if you’re a state employee whose union is willing to take your case to an arbitrator, apparently it isn’t. Back in 2012,...more

Employment Law - April 2016

Supreme Court Gives Stamp of Approval to Representative Statistical Evidence - Why it matters - In a closely watched case, the U.S. Supreme Court has ruled that the use of representative statistical evidence for...more

New York Increases the Minimum Wage and Enacts Paid Family Leave

On April 4, 2016, Governor Cuomo signed legislation, as part of the 2016-2017 state budget, enacting a $15.00 minimum wage plan and a 12-week paid family leave benefit. Minimum Wage Increase - The legislation...more

Employer Policy Critical to Defense Against FMLA Liability

A well-crafted employer policy, and whether it was followed, is often just as important to the outcome of a dispute with an employee as the law itself. This is why attorneys constantly trumpet the need to update policies...more

Paid Family Leave and $15 Minimum Wage Are Coming to New York

Why It Matters - On April 1, 2016 the New York State Legislature passed legislation that would raise the state minimum wage for all hourly wage workers in accordance with a prescribed schedule. Governor Andrew Cuomo...more

New York Enacts Paid Family Leave Law and Increases Minimum Wage Rate

On March 31, 2016, New York State lawmakers finalized a budget deal that included: (1) a bill mandating paid family leave for most employees (the "Paid Family Leave Law") and (2) a statewide incremental increase to a $15 per...more

Be Careful What You Ask For: National Hospital Network Runs Afoul of FMLA

An investigation conducted by the U.S. Department of Labor (DOL) found that several hospitals in Northwest Arkansas violated the Family and Medical Leave Act (FMLA) by asking more than 40,000 employees seeking FMLA leave to...more

Important Changes in Employment Laws in New York State

The State of New York recently adopted two important changes in the law which will impact all employers. Minimum Wage - First, the Legislature approved increases to the minimum wage. While the Federal minimum wage...more

Second Circuit Defines Test for Individual Liability Under the FMLA

In Graziadio v. Culinary Institute of America, et al., 15-888-cv (2d. Cir. Mar. 17, 2016), the United States Court of Appeals for the Second Circuit reversed the district court’s grant of summary judgment in favor of the...more

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