News & Analysis as of

Family Medical Leave Act Employee Benefits

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 -

Answers to Seven Complicated Questions About Arizona's New Paid Sick Time Law

by Jaburg Wilk on

Previously, we addressed eight common questions that employers have about Arizona’s new paid sick time (“PST”) law, which goes into effect on July 1, 2017. As the law is complex, we are answering seven of the more difficult,...more

Focus on the FMLA: Part III

by Zelle LLP on

Today we come to the third and final post in our series about the Family and Medical Leave Act (FMLA). We’ve tried to address FMLA issues that, in our experience, pose particular challenges for employers. Over the past two...more

Hard Times: Employment Law and Cost-Cutting

by Zelle LLP on

When employers face the need to cut costs, they may have to make a series of difficult decisions affecting all aspects of their operation. Among the most difficult cost-cutting measures are those that directly impact...more

The Employment Law Authority - January/February 2017

A Moving Target: The Not So Final Overtime Rule - On November 22, 2016, a federal judge for the Eastern District of Texas issued a preliminary injunction temporarily blocking the U.S. Department of Labor (DOL) from...more

Labor & Employment E-Note - December 2016

by Burr & Forman on

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

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

by Franczek Radelet P.C. on

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

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

Illinois Employees Hit the Sick Leave Trifecta: Important Changes to Take Effect in 2017

Three recently enacted laws expanding sick leave benefits within the state of Illinois will soon impact employers with operations in Illinois: the Illinois Employee Sick Leave Act (effective in January of 2017); the Chicago...more

Understanding New York's New Paid Family Leave Law

by Littler on

New York Governor Andrew Cuomo executed sweeping legislation on April 4, 2016, that will gradually raise the minimum wage in New York to $15 an hour and provide a phased-in system of paid family leave benefits providing...more

Reminder To HR Professionals: You Can Be Held Personally Liable For FMLA Violations

by Akerman LLP - HR Defense on

A recent decision offers a not-so-friendly reminder to HR professionals and supervisory employees: you can be individually liable for FMLA violations if you review, approve, and correspond with employees regarding their FMLA...more

EEOC Issues New Resource Document Addressing Leave as a Reasonable Accommodation under the ADA. What's the Impact on Employers?

by Franczek Radelet P.C. on

For years, employers across America have been clamoring for guidance from the EEOC about how they should manage an employee’s request for extended or intermittent leave from work and how much leave is considered as...more

Westeros Might Have Benefited From Recent Trends in Paid Family Leave

by FordHarrison on

Game of Thrones, one of my favorite shows, most recently returned for its sixth season. Don’t worry, no spoilers here if you haven’t seen the first couple of episodes of this season. However, if you haven’t noticed, one of...more

Second Circuit Defines Test for Individual Liability Under the FMLA

by BakerHostetler on

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

Paid Family Leave Becomes Law in New York Through an Insurance-Style Scheme. Will Other States Follow?

by Franczek Radelet P.C. on

Could this be a game-changer when it comes to paid family and sick leave? Yesterday, New York Governor Andrew Cuomo signed into law what is being dubbed the country’s longest and most comprehensive paid family leave...more

Second Circuit Holds that Human Resources Directors may be Individually Liable for FMLA Violations

by Hodgson Russ LLP on

The Second Circuit recently held that a Director of Human Resources may be individually liable for violations of the Family and Medical Leave Act (FMLA). Relying on the “economic reality” standard derived from the Fair Labor...more

Will HR Managers Get Cooked? Second Circuit Says Culinary Institute’s Human Resources Director May Face Individual Liability...

Whether a Human Resources Director will be deemed the “employer” and held individually liable for alleged violations under the Family Medical Leave Act (“FMLA”) should be left to the jury, according to the Second Circuit’s...more

Watch Out Employees: Comply with Policies or Lose FMLA Rights

by Baker Donelson on

Did we hear that correctly? Employees need to follow Company policies? In a victory for employers, a federal court said that an employer had the right to terminate an employee who failed to follow the Company’s leave policy...more

FMLA FAQ: What if the Doctor Refuses to Use the Employer's FMLA Medical Certification Form? And They Want to Charge a Fee for It?

by Franczek Radelet P.C. on

A couple of clients have asked me recently whether a health care provider can use his/her own medical certification form or “doctor’s note” to support the employee’s need for FMLA leave, or can we require the HCP to use the...more

FMLA FAQ: How Does an Employer Calculate Intermittent FMLA Leave When an Employee Moves from Full-Time to Part-Time?

by Franczek Radelet P.C. on

Q: One of our employees was at full-time status (40 hrs/wk.) six months ago when he was granted intermittent FMLA leave for a GI issue that flared up from time to time. He took 120 hours of FMLA leave (or three weeks)...more

Unreported Working Lunches May Still Be Work Time

by Franczek Radelet P.C. on

Back in December, we wrote about a case involving the Chicago Police Department, in which officers alleged that they were owed additional overtime for time spent responding to calls and messages on their Blackberry devices,...more

Butt Implants, Male Breast Reductions Among Top Plastic Surgery Trends. But Are These Procedures Protected by FMLA?

by Franczek Radelet P.C. on

Apparently, Kim Kardashian isn’t the only one whose derrière seems to have transformed over the years. According to data provided by the American Society of Plastic Surgeons (ASPS) and published in a number of news...more

Note to Self: Posting My Beach Vacation Photos on Facebook During FMLA Leave is Not a Good Idea

by Franczek Radelet P.C. on

I always love a good social media FMLA smack down. It’s even better when the employer handles the situation in textbook fashion. Today’s installment offers both, while also providing a road map for employers when...more

Calling all Employers with Remote Employees: Is Your Company Counting Them In Accordance With the FMLA?

by Akerman LLP - HR Defense on

Does your company have employees who work remotely in a city, or a state, where your company does not maintain a physical location? Do you count those employees for purposes of determining whether the company has to offer...more

Use The "Rolling" Method to Calculate FMLA Leave! This Employer Learned the Hard Way

by Franczek Radelet P.C. on

Every once in awhile, I find myself counseling an employer with either no FMLA policy or one completely lacking in any meaningful details. Often, these policies fail to include key provisions to protect against liability....more

Puerto Rico Governor Signs Law Allowing Employees to Use Accrued Paid Sick Leave to Care for Qualified Family Members

by Littler on

Governor Alejandro García Padilla recently signed Law No. 251 (House Bill 695), a measure that provides caregiver leave under Puerto Rico law. This law, which is effective immediately, amends the Puerto Rico Minimum Wage,...more

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