Family Medical Leave Act Hiring & Firing

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

5 Key Employment Law Challenges for In-House Counsel

5 employment law challenges that in-house counsel will face in the coming year and how to get out ahead of them....more

Take 5 Newsletter: Five Labor and Employment Issues Faced by Health Care Employers

As the Affordable Care Act and the challenges of reimbursement and funding for health care services drive changes in the health care delivery system and employment in the industry, new issues in labor and employment law are...more

Dodd-Frank Does Not Bar Arbitration Of Claims If Arbitration Agreement Does Not Exempt Dodd-Frank Whistleblower Claims

The Fourth Circuit affirmed order from the United States District Court for the Eastern District of Virginia compelling arbitration of former employee’s federal claims under the Age Discrimination in Employment Act (ADEA),...more

FMLA Leave – Follow Up on Expected Return to Work

An employee who returns to work at the end of FMLA leave may be entitled to reinstatement, even if the employer wasn’t expecting her. In Gienapp v. Harbor Crest, No. 14-1053 (7th Cir., June 24, 2014), the employee requested...more

Supermarket Chain Takes $536,000 Hit for Bungling FMLA Request

A former employee of a Connecticut supermarket chain was recently awarded approximately $536,000 in a wrongful-termination suit filed after he was fired when he took time off for back surgery. A jury found the supermarket...more

Employee's Failure To Follow Call-In Procedures Dooms FMLA Claims

Managing intermittent FMLA leaves is often challenging for employers. However, a recent case reinforces the requirement that employees must comply with reasonable call-in procedures to report FMLA absences. Following a recent...more

50 For 50: Five Decades Of The Most Important Employment Discrimination Decisions - Number 42: Military Veterans And Their...

Veterans’ rights have always been a hot-button political issue, but it took several military conflicts for Congress to confront the employment rights of private sector military veterans. In the wake of Vietnam War, two wars...more

Does an Employer Have an Obligation to Provide Accommodations to Pregnant Employees? Don't Follow This Employer's Lead

Ena Wages served as a property manager for one of several apartment complexes owned by Stuart Management Corp. She began her employment on November 17, 2008, and this is significant under the FMLA because nearly one year...more

Employee Needing Extended Leave of Absence Not Qualified to Perform Essential Job Functions

Perhaps the most common question faced by employment law attorneys representing management involves employees whose medical condition requires a long leave of absence from work. The employee exhausts FMLA leave and/or the...more

California Employment Law Notes - May 2014

Male Employee's Sexual Harassment Claims Should Not Have Been Dismissed - Lewis v. City of Benecia, 224 Cal. App. 4th 1519 (2014). Brian Lewis, a heterosexual man, sued his former employer (the City of Benecia)...more

Employer's Improper And Untimely FMLA Notices Didn't Harm Employee, So No FMLA Violation

Here’s a shout out to all you employers out there who forget to send your employees the proper FMLA notices when they seek leave for a reason covered by the FMLA. Occasionally, the courts have your back, despite your lack of...more

Eleventh Circuit Holds that Terminated Employee Can Waive FMLA Claims Through the Date of a Release

In a victory for common sense, the Eleventh Circuit Court of Appeals recently determined that an employee could not pursue Family and Medical Leave (FMLA) interference and retaliation claims against her former employer...more

Tenth Circuit Rules On "Termination By Committee"

On January 21, a federal appeals court addressed whether an employee terminated by group decision (six managers) can be considered “similarly situated” to employees who were disciplined less severely by a different decisional...more

Don't let medical absences cloud your judgment

In late January, the Tenth Circuit Court of Appeals issued a decision in Smothers v. Solvay Chemicals Inc. (No. 12-8013, 10th Cir. Jan. 22, 2014) that emphasized the importance of conducting a proper investigation and...more

Last Call! Third Circuit Court Of Appeals Rules That Employer Can Terminate Employee For Violating Strict No Alcohol Return To...

The Third Circuit Court of Appeals recently issued a decision holding that an employer's termination of an employee for violating a very broad and restrictive return to work agreement (RWA), which prohibited the employee from...more

Is An “Unlimited” Leave Policy Good Business For You?

A growing number of businesses are considering “unlimited” leave policies for their exempt employees. Unlimited leave policies are excellent recruiting and retention tools that can foster a culture of trust and productivity...more

Can An Indefinite Leave Of Absence Be A Reasonable Accommodation?

One of the most difficult issues an HR professional or in-house employment counsel faces is how to deal with an employee who cannot return to work after FMLA leave expires. Is additional leave required? ...more

Tucson-Area Trucking Company CTI Sued by EEOC For Disability Discrimination

Company Failed to Provide a Reasonable Accommodation to Visually Impaired Employee And Fired Her and Others Because of Their Disabilities, Federal Agency Charges - PHOENIX - CTI, Inc., a Tucson-area regional trucking...more

Volunteer Firefighters Qualify as Employees Under Fair Labor Standards Act and Family Medical Leave Act

A volunteer firefighter alleged his termination violated the Fair Labor Standards Act (“FLSA”) and the Family Medical Leave Act (“FMLA”). The United States Court of Appeals for the Sixth Circuit reversed the district court’s...more

Another Pro-Employee Fifth Circuit Decision: Employee’s FMLA Claim Survives Summary Judgment

In another pro-employee decision, like its ruling in the Feist case that I analyzed last week, the Fifth Circuit overturned another district court’s grant of summary judgment that dismissed the plaintiff-employee’s FMLA...more

What's the One Thing Missing from Most Employee Handbooks?

In your experience, what's the one thing most employers overlook when putting together an employee handbook? The answer to that question depends on whom you ask - and, for a legal perspective, we put it to leading employment...more

When is a House Not a Home?

A woman takes a day off work to drive her significant other to a doctor’s appointment after he complains of having heart issues. ...more

Employee Fired For Absences Exceeding His Certification Can Raise A Viable FMLA Claim

Have you ever made a rash decision that you wish you could take back the second you made it? ...more

Failure To Provide Additional Leave As ADA Accommodation Could Prove Costly To Employers

For ages, the employer community has awaited guidance from the EEOC regarding how much additional leave, if any, an employer is required to provide an employee as an ADA reasonable accommodation when an employee is unable to...more

Employment Law -- Jun 05, 2013

From the Hill: FMLA Amendment and Anti-Arbitration Legislation - Lawmakers on the Hill are considering two employment-related bills that would make changes to the Family and Medical Leave Act and invalidate pre-dispute...more

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