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 Family and Medical Leave Act (FMLA) regulations issued by the Department of Labor (DOL) in 2009 addressed the new military leave requirements established in the National Defense Authorization Act for Fiscal Year 2008 (FY...more
With just a few weeks left in what has turned out to be a very unpredictable legislative session in Connecticut, there are still several bills up for consideration that employers need to be on the look out for. ...more
The legitimate and beneficial purposes of the Family and Medical Leave Act (FMLA) are undeniable. The law provides employees who have a serious health condition, are caring for a family member with a serious health condition,...more
Both federal and state law provide employees leave for the birth or placement of a child and for bonding with a child after birth or placement. Under certain circumstances, employers may limit their employees’ leave. One such...more
The Family Medical Leave Act of 1993 (FMLA) is a federal law that requires qualifying employers to provide 12 workweeks of unpaid leave during any 12-month period of time for qualified medical and family reasons such as...more
The Family Medical Leave Act (FMLA) allows employees to take 12 weeks of leave for their own or a family member’s serious health condition and up to 26 weeks for military caregiver leave. The leave can be taken in one block,...more
We have all heard the stories of the mother bear that attacks when humans wander too close to her cubs. Do humans behave any differently? According to Business Management Daily, nine out of ten employees who are terminated...more
We have become more aggressive on suspected cases of FMLA abuse and, as a result, we have sent a greater number of employees for second and third opinions after they turn in medical certification. Once we have received the...more
The Facts – “What Happened?”: The plaintiff, Ms. Mocic, worked as an EMT for the employer/defendant (SCEMS) for almost four years. She became pregnant in 2009. She requested and was granted an apparently uneventful...more
Based on the number of social media decisions from the National Labor Relations Board over the past two years, most employers understand that when employee Facebook postings constitute “protected activity” under the National...more
On February 6, 2013, the U.S. Department of Labor (DOL) published new regulations that implement the federal Family and Medical Leave Act (FMLA) amendments made by the National Defense Authorization Act for FY 2010 (2010...more
Employers often outsource to third party administrators the task of managing their FMLA processes. Under this model, the TPA handles FMLA requests, paperwork and approvals instead of the employer's human resources or...more
The Family and Medical Leave Act Turns Twenty - On February 5, the Family and Medical Leave Act (FMLA) turned 20 years old. Pomp and circumstance aside, the FMLA has certainly been a significant development in...more
In This Issue: - Feature Articles: - California Court Of Appeal Significantly Expands Pregnancy Leave Rights - New York Employer's Flex-time Policy Precluded Holding Employee Accountable For Tardiness...more
For lawyers, anytime there’s a change, it seems to be a big deal. But for employers, change is inevitable and part of business. Indeed, if a new poster is required by employers, most employers simply shrug and order a new...more
As of March 8, 2013, employers with 50 or more employees are required to post the Department of Labor’s (DOL) new Family and Medical Leave Act (FMLA) notice poster incorporating the recently issued final regulations, which...more
Timing is everything. If an employee has not yet been employed for the 12 months required by law in order to be eligible for Family & Medical Leave Act leave, is the employee protected from discharge for expressing her...more
Employers sometimes offer light duty work to employees who are recuperating from injuries, illnesses, or other medical conditions, when they cannot yet perform the essential functions of their jobs. Employers may have a...more
Last month the DOL issued a Final Rule, which takes effect today, March 8, 2013. While the new regulations may not impact the routine administration of the FMLA for many employers, all employers are required to begin using...more
On March 8, 2013, the U.S. Department of Labor’s (“DOL”) Final Rule will go into effect, implementing regulations expanding Family and Medical Leave Act (“FMLA”) protections to military families and airline flight crews,...more
A California appellate court has given employers yet another reason for caution in their handling of employees on pregnancy disability leave. In Sanchez v. Swissport, Inc., B237761 (Feb. 21, 2013), the Second District Court...more
The Colorado Legislature is currently considering a number of bills that, if signed into law, would have a serious effect on most employers in the State. One bill that at first glance may appear to be fairly benign is House...more
Over the past month, as we recognized the 20th Anniversary of the Family and Medical Leave Act, advocates for employees and employers have been clamoring for changes to the Act. ...more
Happy 20th Birthday, FMLA! On February 5, 1993, President Bill Clinton signed the Family and Medical Leave Act, making it the very first piece of legislation he signed into law as President. ...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
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