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... 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.
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The U.S. Department of Labor recently issued new regulations expanding coverage under the Family and Medical Leave Act for certain classes of employees....more
In its first Administrator's Interpretation of 2013, the Department of Labor ("DOL") issued guidance on the definition of a "son or daughter" age 18 or older who is incapable of self-care due to a disability. The Wage and...more
Qualified employees with a disability are entitled to a reasonable accommodation from their employer to enable them to perform the essential functions of their job. One of the most difficult issues employers face is...more
On January 14, 2013, The Department of Labor issued a new interpretation that clarifies its position on the ability of employees to take leave under the FMLA to care for an adult child who has a disabling medical condition....more
The Department of Labor (DOL) recently issued additional guidance to employers regarding the definition of “son or daughter” under the Family Medical Leave Act (FMLA) as it relates to an adult child. Under the FMLA, an...more
I came across an interesting FMLA case this past week, and the facts are simple enough that it kept my attention. [In the age of Twitter and Facebook, anything beyond a 30-second sound byte and you might as well give me a...more
On January 14, 2013 the DOL issued guidance on FMLA leave for adult children. Pursuant to the Family and Medical Leave Act, parents of an adult child have been previously able to take FMLA for a child who is incapable of...more
The U.S. Department of Labor’s (DOL) Wage and Hour Division issued an Administrator’s Interpretation on January 14, 2013, clarifying the definition of “son or daughter” under the Family and Medical Leave Act (FMLA) as it...more
The Department of Labor (DOL) has clarified the definition of "son or daughter" to now permit an eligible employee to take leave under the Family and Medical Leave Act (FMLA) to care for an adult child who is incapable of...more
Regarding situation (1) above, the DOL states that although the 26 weeks of “injured service member care leave” can only be used once per service member for the same illness or injury, employees also would be eligible to use...more
On January 14, 2013, the United States Department of Labor, Wage and Hour Division (“WHD”) issued Administrator’s Interpretation No. 2013-1 (the “Interpretation”) in order to provide clarification of the definition of “son”...more
In This Issue: - $1.347 Million Award To Former General Counsel For Breach Of Implied Contract Is Upheld - Faigin v. Signature Group Holdings, Inc., 211 Cal. App. 4th 726 (2012) - $114,000 Pregnancy...more
In regulations that became effective December 30, 2012, California employers received additional guidance on how to handle leaves of absence for employees disabled by pregnancy, childbirth, or a related medical condition....more
Dillard's Inc., a large national retail chain, has agreed to pay $2 million to resolve a class action disability discrimination lawsuit filed by the Equal Employment Opportunity Commission (EEOC). This settlement is further...more
Earlier this week, the national department store chain Dillard’s agreed to pay $2M to settle a discrimination claim based upon its policy of requiring absent employees to provide a doctor’s note stating the medical reason for...more
In Queen v. City of Bridgeton, the Appellate Division held that an employer with no legal duty to provide paid leave does not violate the New Jersey Law Against Discrimination (NJLAD) for denying an employee’s request for the...more
The Fair Employment and Housing Commission (FEHC) recently issued revised regulations that govern pregnancy disability leave (PDL) in California. The new regulations take effect December 30, 2012, and include changes that...more
BakerHostetler's Employment and Labor Group would like to bring to your attention the following recent changes to the California Pregnancy Disability Leave (PDL) Regulations affecting employer obligations and...more
Last week, Attorney Robin Shea of Employment & Labor Insider proposed 10 rules of etiquette that “will save you from a pregnancy discrimination suit”. Rule No. 1? Pregnancy is always good news. Always. Always....more
In St. Cyr v. Brandywine Senior Living, Inc., 20 U.S. Dist. LEXIS 85426 (D.N.J. June 20, 2012), the court denied summary judgment in an FMLA interference and retaliation suit in which an employee was terminated a mere two...more
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