Family Medical Leave Act Medical Leave

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

New California Family Rights Act Regulations Effective July 1, 2015

The California Fair Employment and Housing Council (“FEHC”) has amended numerous sections of Title 2 of the California Code of Regulations that implement, interpret, and clarify the California Family Rights Act (“CFRA”)....more

New CFRA Amendments Take Effect July 1

On July 1, 2015, as previously reported, new California Family Rights Act ("CFRA") regulations will take effect. These amended regulations clarify areas of confusion and bring the CFRA into closer alignment with its federal...more

DOL Issues Updated FMLA Certification Forms

The U.S. Department of Labor recently issued updated health care provider certification forms for employers to provide employees who request leave pursuant to the Family and Medical Leave Act. The new forms include the...more

FMLA FAQ: If Your Employee Checks into the Hospital After Midnight, Is It an "Overnight Stay" under the FMLA?

Q: One of my employees complained of chest pains at work and later went to the emergency room at the local hospital. However, we have learned through his medical certification that he was not admitted to the hospital until...more

Legal Alert - Updated FMLA Forms Issued by the DOL

This week, the U.S. Department of Labor (DOL) issued its new Family and Medical Leave Act (FMLA) forms, updating the previous forms which had expired on February 28, 2015. The new FMLA forms can be found on the DOL’s website....more

How Serious is “Serious” under the FMLA?

The Family and Medical Leave Act (“FMLA”) provides protections for eligible employees who must take time off of work to deal with serious medical conditions. These protections, codified at 29 U.S.C. § 2612(a)(1), allow...more

The DOL Issues New FMLA Forms

The DOL has issued new FMLA leave certification forms. The only changes are a new May 31, 2018 expiration date, a few more instructions from the DOL regulations and a reference to the GINA safe harbor exception....more

Quirky Question #261, When will our employee return?

Question: We’re a large company with offices in many locations, including in California, Minnesota, Washington and New York City. We often have disabled employees provide doctors’ notes that say they are unable to...more

Employment Law Newsletter - April 2015

In This Issue: - Do Your Company Policies & Procedures Stand up against the NLRB? - Potential Pitfalls of Terminating an Employee who Requests Extended Leave - Excerpt from Do Your Company Policies & Procedures...more

Potential Pitfalls of Terminating an Employee who Requests Extended Leave

An employee who requests time off due to a medical or disability-related issue may have rights under the Family and Medical Leave Act or FMLA, the Americans with Disabilities Act or ADA and state and local corollaries to...more

Employer's Lack of FMLA Compliance in Handling FMLA Leave Request is a Lesson for the Rest of Us

Want a glimpse into a world where an employer fails to maintain a legally compliant leave management process?  Let me warn you — what you are about to read is not pretty and not for the faint of heart....more

Settlement Reminds Employers Probationary Periods Are Not Immune to the ADA

Many employers reserve the right to terminate a new employee at any time during a "probationary period" if they find a new hire is not suited for the job. All too often, this gives employers a false sense of security in the...more

Be Global - A look ahead to key international employment law developments expected in 2015

In This Issue: - ASIA PACIFIC: - Australia: Gender Equality Reporting Update - China: Predicted Increase in Collective Bargaining - China: Compliance with 10% Cap on Dispatch Workers - Hong Kong:...more

DOL Issues Final Rule Providing FMLA Rights To All Workers in Legal Same-Sex Marriages

The Department of Labor issued its Final Rule on Family Medical Leave Act (FMLA) rights on February 25, joining the Internal Revenue Service in adopting the “place of celebration”/“state of celebration” test. By virtue of...more

DOL Issues Final FMLA Rule that Offers Equal Leave Rights to Same-Sex Spouses

This week, the U.S. Department of Labor (“DOL”) announced its final rule regarding the definition of “spouse” for purposes of the Family and Medical Leave Act. The rule changes the definition of the term “spouse” from one...more

California Supreme Court Reaffirms High Bar for Reversal of Arbitration Decision

Avery Richey v. AutoNation, Inc., et al. - Supreme Court of California (January 29, 2015) - Generally, courts cannot review arbitration awards for errors of fact or law, except as provided for under limited...more

California Supreme Court Lets Arbitration Award Stand, Dodges “Honest Belief” Defense

Richey v. Autonation, Inc., No. S207536 (January 29, 2015): On January 29, 2015, the California Supreme Court issued a decision holding that an employee who is on medical leave does not have a greater right to reinstatement...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

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

Lessons Learned from the EEOC's Guidance on Pregnancy Discrimination

A pregnant nursing assistant for a long term care facility gives her employer a doctor’s note with a 20 pound lifting restriction for the duration of her pregnancy. The job requires her to lift in excess of 50 pounds on a...more

"You Want More Time Off? "Dealing With Medical Leave Requests Under The FMLA And ADA

FMLA BASICS - - Applies to employers with over 50 employees within 75 miles - Applies to employees with at least 1,250 hours of service in last 12 months - Permits up to 12 weeks of total leave (job or equivalent...more

Some Little-Known Leave of Absence Requirements

Connecticut employers are generally familiar with the chief leave of absence requirements, such as family and medical leave (starting with employers of 50 or more employees who are covered by federal FMLA) or leave for...more

FMLA FAQ: Can An Employer Require A Doctor's Note For Each Intermittent FMLA Absence?

Over the past few weeks, I have had the pleasure of presenting on complex FMLA issues for attorneys and HR professionals attending several seminars sponsored by the National Employment Law Institute (NELI), which puts on some...more

May an Employer Request a Fitness for Duty Exam After an FMLA Leave?

When an employee goes out on an approved medical leave and returns to work following the leave, employers sometimes question whether the employee is ready to return to the workplace. Most employers correctly request a release...more

Ninth Circuit Upholds Jury Verdict For Employer, Holding That Employee Affirmatively Declined to Take FMLA Leave

In Escriba v. Foster Poultry Farms, the U.S. Court of Appeals for the Ninth Circuit upheld a jury verdict in favor of an employer on an employee’s Family and Medical Leave Act (FMLA) claims. The employer discharged Escriba...more

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