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

New York Employment Roundup: March & April 2015

Today’s New York employment law landscape is increasingly dynamic, with a constant stream of newly issued legislation and judicial opinions. To keep our readers current on the latest developments, we will share regular...more

New CFRA Regulations Provide Clarification on Leaves of Absence

New California Family Rights Act (“CFRA”) regulations become effective on July 1, 2015. The regulations provide needed clarification and bring the CFRA more closely in line with the federal Family and Medical Leave Act...more

Massachusetts AG Issues Proposed Regulations Concerning Earned Sick Time

On November 4, 2014, Massachusetts voters passed a ballot initiative requiring that all employees be entitled to earn and use up to 40 hours of earned sick time in a calendar year. There were significant ambiguities in the...more

DOL Rule Redefining “Spouse” Under the FMLA on Hold in Several States

On Feb. 25, 2015, the U.S. Department of Labor (DOL) promulgated a final rule that, effective March 27, modified the federal Family and Medical Leave Act’s (FMLA) definition of “spouse” to extend the FMLA’s protections to...more

All Legally Married Same-Sex Couples Now Covered Under FMLA

Effective March 27, 2015, the Family and Medical Leave Act, or FMLA, will extend coverage to all legally married same-sex couples to take FMLA leave to provide care for their spouse. FMLA leave entitles eligible employees, as...more

JAMS Employment Matters Newsletter, Spring 2015

In This Issue: - You Can’t Fire Me... I’m on FMLA - The Rise in Pregnancy-Related Employment Discrimination Claims - Addressing Emotions That Drive Disparate Views of Fairness - Unpaid Interns Gain...more

Amendments to CFRA Regulations Provide Some Clarity to Employers

The California Fair Employment and Housing Council (FEHC) has issued amended regulations clarifying the California Family Rights Act (CFRA). The amendments will go into effect on July 1, 2015, and are intended to clarify...more

New DOL Rule Redefining “Spouse” Temporarily Placed on Hold

A new Department of Labor rule defining “spouse” for purposes of the Family and Medical Leave Act (“FMLA”) was to take effect March 27, 2015, but on March 26, a federal judge in Texas granted a preliminary injunction staying...more

Eighth Circuit Says Effects of Obesity on Kidney Functions Not FMLA Serious Health Condition

Federal courts rarely hear litigation over the question of whether an employee’s medical condition rises to the level of a Serious Health Condition (SHC) under the Family and Medical Leave Act. The bar for demonstrating a SHC...more

3 real world examples of pregnancy challenges in the workplace

Question 1: After recovery from child birth, if an employer provides an additional four weeks of leave time (paid or unpaid) for a female employee for parenting or bonding time with the child, must the employer treat...more

11th Circuit Upholds Bar on Claims by Jail Officer with Cancer

The Eleventh Circuit recently held that an officer at a county jail in Florida who was undergoing treatment for cancer cannot proceed with her Americans with Disabilities Act ("ADA") claim because she failed to identify a...more

Applying for Other Jobs Kills an Employee's Stress-related Reasonable Accommodation Claim

A Southern District of Texas court recently issued an opinion which shows that an employee may take actions during a leave under the Family Medical Leave Act (FMLA) which preclude any future reasonable accommodation claim...more

New CFRA Regulations Become Effective July 1, 2015

Managing employee leaves of absence and navigating the minefield of leave laws are key issues for every employer. Following a series of significant changes to the federal regulations implementing the Family and Medical Leave...more

Plaintiff Alleges Violation of FMLA for Being Required to Show Mastectomy Scars Before Returning to Work

In a Complaint recently filed in a Florida federal court (Andrea Santiago v. Broward Health), social worker Andrea Santiago alleged that her employer, Broward Health, violated the FMLA when it refused to waive a policy...more

DOL to Enforce Same-Sex Spouses FMLA Regulation In All But Four States

In our previous post, Same-Sex Marriage Partners Now Covered by FMLA, we reported on the final FMLA rule that expanded the definition of “spouse” under the FMLA to include employees in legal same-sex marriages. ...more

DOL Will Not Enforce Final FMLA Regulation Regarding Same-Sex Spouses in Four States

Last week, I reported that a federal district court in Texas had halted the DOL’s enforcement of its final rule that would allow employees to take FMLA leave for their same-sex spouse. ...more

Texas Judge Blocks FMLA Same-Sex Spouse Rule in Four States

The Department of Labor’s same-sex spouse rule under the Family and Medical Leave Act was supposed to go into effect on March 27. At the 11th hour, however, a federal judge in Texas stepped in and preliminarily enjoined...more

Is Asking Employees to Do a Small Amount of Work During FMLA Leave a Form of Interference?

There’s an interesting story that’s been in the news recently regarding what the limitations are for employers when their employees go on FMLA leave. The Family and Medical Leave Act allows employees who meet certain...more

Does FMLA Cover In Vitro Fertilization? Does It Matter if Dad's Sperm is to Blame?

Is that all it takes to get you to click on my blog entry — make a reference to “sperm” in the blog title and post a silly photo of this little guy?  That was like taking candy from a baby!...more

The EEOC and preferential treatment for pregnant employees

Examples of pregnancy-related impairments employers should consider and some common ADA accommodation requests Does the EEOC expect preferential treatment for pregnant employees? Originally published in Inside...more

Employment Law Newsletter - April 2015

In This Issue: - Do Your Company Policies & Procedures Stand up against the NLRB? - Potential Pitfalls of Terminating an Employee who Requests Extended Leave - Excerpt from Do Your Company Policies & Procedures...more

State of Celebration Standard Now in Effect for FMLA

In a previous blog, I wrote about regulations issued by the Department of Labor (“DOL”) proposing to revise the regulatory definition of “spouse” under the Family and Medical Leave Act (“FMLA”) to be based on the law of the...more

Potential Pitfalls of Terminating an Employee who Requests Extended Leave

An employee who requests time off due to a medical or disability-related issue may have rights under the Family and Medical Leave Act or FMLA, the Americans with Disabilities Act or ADA and state and local corollaries to...more

Get Ready for the New California Family Rights Act Regulations

Updates to the California Family Rights Act ("CFRA") regulations have been approved and are set to take effect on July 1, 2015. The new CFRA regulations are largely focused on harmonizing an employer’s obligations under CFRA...more

Same-Sex Couples Now Receive Equal Coverage Under The FMLA

On Friday, March 27, 2015, the Department of Labor (“DOL”)’s new regulation revising the definition of “spouse” to include those in same-sex marriages went into effect expanding the definition of spouse under the Family and...more

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