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

Seventh Circuit Finds No ADA Liability for Employer Not Involved in Decisionmaking

Joyce Whitaker began working for Milwaukee County as a corrections officer in 2001. In 2005, she sustained a work-related back injury and subsequently was diagnosed with several related medical conditions. As a result, her...more

Same-Sex Marriage Rulings May Pose Some Challenges for Employers

Over the past two years, there has been a sea change in the treatment of same-sex spouses under both federal and state law. Now that federal law, and the laws in 35 states and Washington, D.C., recognize marriage equality for...more

In The Eleventh Circut, Employers Can Terminate “Protected” Employees For Poor Performance And Violation Of Company Policy

On December 4, 2014, the U.S. Court of Appeals for the Eleventh Circuit upheld summary judgment in favor of an employer against a pregnant employee who had requested FMLA, who was told by her direct supervisor “that [her]...more

Three Important Components of the Family Medical Leave Act

In 1993, President Bill Clinton signed the Family and Medical Leave Act (“FMLA”), which allows employees time off from their job to bond with their children, care for ill family members, or recover from their own serious...more

Timing of Discharge Defeats Employer's Summary Judgment Motion

The Family and Medical Leave Act does not prohibit employers from terminating employees for reasons unrelated to their need for medical leave. However, the timing of such termination decision can have a substantial impact on...more

5 Legal Traps For The Wariest Employer

You’re an employer who tries to do the right thing. But what hidden traps are out there, waiting to grab your ankle and yank you into a lawsuit? Here are a few that cause trouble for even the best employers...more

When an Employee Falls Off a Ladder at Work, is His Absence Covered by FMLA? An Employer's Misstep Discussed...

Note to self: When one of my employees: -falls off a ladder at work, is taken to urgent care by the company’s HR Director, asks whether the FMLA would apply to his absence, then, as a result of his doctor’s orders,...more

DOL Sets February 2015 Deadline for New FLSA "White Collar" Overtime Exemption Regulations

Late last month, the Department of Labor released its Fall 2014 Agency Rule List that included a range of proposed regulations covering everything from the FMLA definition of “spouse” to labor union annual reports and...more

Be Prepared - Watch for the Following in the New Year:

Believe it or not, 2014 is drawing to a close and a new year is around the corner. As you prepare for 2015, here are some items on the U.S. Department of Labor’s regulatory agenda that you will want to track...more

2014 Employment and Labor Law Final Exam

It’s time once again to test your employment and labor law knowledge with Nexsen Pruet’s fourth annual final exam. From new legal decisions to black letter statutory law, it’s your chance to show off your legal prowess....more

Tardy-From-Home

From the beginning, the employee had attendance and punctuality problems, and the problems didn’t improve even when the employer adjusted her schedule. After she was diagnosed with MS, the company approved intermittent FMLA...more

Does a Request for Disability Benefits Qualify as a Request for an Accommodation of Leave Under the ADA?

Last month, the Sixth Circuit Court of Appeals answered this question in the negative and found that an employee’s request for long-term disability benefits did not amount to a request for a reasonable accommodation in the...more

Jury to Decide Adequacy of FMLA Recertification Notice Delivered by Email

A recent case allowing an employee to take claims under the federal Family and Medical Leave Act (“FMLA”) to trial underscores the importance of not simply following rote notice procedures, but ensuring such communications...more

The Importance of Timing in Employment Terminations

There is a saying that “timing is everything,” and in some instances of employment termination, the timing, if not everything, may still be an important consideration....more

It’s That Time of Year Again!

It’s that time of year again! Yes, it’s the season to be thankful and there are many holidays on the horizon. And it is also the time where we are overflowing with gatherings and activities for all our organizations and...more

Don’t Forget That 12 Weeks Really Doesn’t Mean 12 Weeks

I frequently receive calls from clients involving an employee who is about to use up all of his available medical leave (FMLA or otherwise), but who has little chance of returning to work anytime soon. Many times, the...more

Fenwick Employment Brief - November 2014

Jury to Decide Adequacy of FMLA Recertification Notice Delivered by Email - A recent case allowing an employee to take claims under the federal Family and Medical Leave Act (“FMLA”) to trial underscores the importance...more

Massachusetts AG Advises on Domestic Violence Leave Act

The Massachusetts Attorney General recently issued an Advisory regarding the new Domestic Violence Leave Act, which was passed on August 8, 2014. The Advisory helped to clarify some of the requirements of the Act....more

Multiple Requests for Extension of Medical Leave – Three Strikes and the Employee Is Not Out!

A recent Americans with Disabilities Act case is a reminder the employers must proceed carefully before denying repeated requests for extensions of medical leave by an employee. In the case, the employer had a “personal...more

Updating Our Understanding of the FMLA

In employment law, a very hot topic continues to be the issues surrounding the Family and Medical Leave Act (FMLA) which entitles eligible employees of covered employers to take unpaid, job-protected leave for specified...more

Employers Face New Restrictions on FMLA Notice Delivery

Following the Third Circuit Court of Appeals' rejection of the "Mailbox Rule," employers face new delivery restrictions when providing employees with Family and Medical Leave Act (FMLA) paperwork. The “Mailbox Rule” presumes...more

Quirky Question #244, An Update on Ebola

In Quirky Question #244, we discussed what employers should do to protect their employees and businesses in light of the potential Ebola threat. Last week, Defense Secretary Chuck Hagel ordered nearly 700 Minnesota National...more

Massachusetts Adopts Legislative Reforms

The new legislation adds to employer requirements and now provides for sick leave, increased minimum wage, domestic violence victim leave, and unemployment changes....more

Combatting Ebola in the Workplace – and “Fearbola” Too!

For the first time in weeks, online news reports have been relatively Ebola free. This week, the last Ebola patient in the U.S. was declared Ebola free and released from the New York hospital where he had been quarantined....more

Mailing FMLA Notice of Rights to Absent Employee May Be Insufficient to Prove Receipt by Employee, Third Circuit Holds

Many employers send Family and Medical Leave Act (FMLA) paperwork to absent employees via the mail—regular, first class mail—because it is a reasonable, cost-effective way to get the notice to those employees at home....more

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