Eleventh Circuit Court of Appeals Backs Employer’s Denial of FMLA Leave
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Labor & Employment Law: Vermont and Federal Legislative Update
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How School Reopening Plans May Affect Paid Leave for Working Parents and Employers by Judy Garner
The Friday and Monday Leave Act or the Family and Medical Leave Act: FMLA, Part 2
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In Shipton v. Baltimore Gas and Electric Company, the Fourth Circuit Court of Appeals affirmed the district court’s summary judgment rulings to dismiss the plaintiff’s Family and Medical Leave Act (FMLA) interference and...more
While the Family and Medical Leave Act (FMLA) is designed to protect employees who suffer from a qualifying "serious health condition that makes the employee unable to perform the functions of" their job, its administration...more
One of the many difficult issues employers face under the Americans with Disabilities Act (ADA) is determining what information a disabled employee must provide to an employer to trigger the employer’s duty to accommodate a...more
The U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, overturning Roe v. Wade and Casey v. Planned Parenthood and leaving the legality of abortion up to each state, inevitably will increase the...more
The Family and Medical Leave Act (FMLA) prohibits employers from retaliating against employees for taking FMLA leave. In the case of Parker v. United Airlines, Inc., which recently reached the United States Court of Appeals...more
Once an employee requests an accommodation, the employer has a duty to engage in an “interactive process” to try to determine whether the employer can accommodate the employee’s disability...more
In a recent opinion, the United States Court of Appeals for the Seventh Circuit affirmed that a multi-month leave of absence is not a reasonable accommodation under the Americans with Disabilities Act (ADA)....more
On March 18, 2020, the FFCRA was enacted. Below are some fast facts employers need to know regarding how the FFCRA has modified the Family Medical Leave Act (FMLA)....more
In Simpson v. Temple University, et al., the U.S. District Court for the Eastern District of Pennsylvania granted summary judgment to the defendants on the plaintiff’s claims of interference and retaliation under the Family...more
While posting vacation photos on Facebook during a leave under the Family and Medical Leave Act (FMLA) is probably not a stellar idea, the question of whether an employee can take a vacation during FMLA leave may not be so...more
An employee’s lawsuit alleging violations of the Family and Medical Leave Act (FMLA) will move forward after the U.S. Court of Appeals for the Sixth Circuit found the employer’s point system effectively violated the...more
Under the Family and Medical Leave Act, employers cannot penalize employees for use of FMLA leave. Earlier this month, the Sixth Circuit Court of Appeals found that an employer’s resetting of a perfect attendance program...more
Seyfarth Synopsis: In affirming summary judgment in favor of the defendant in an Family and Medical Leave Act (FMLA) interference and retaliation case, the Fifth Circuit reinforced the importance of documenting performance...more
It is no secret that employees sometimes abuse benefits under the Family and Medical Leave Act (FMLA). Nor is it a secret that pitfalls abound for employers trying to limit such abuse while accommodating legitimate needs for...more
The Sixth Circuit Court of Appeals recently reminded employers that, even under the more liberal standard for establishing a disability under the Americans with Disabilities Act Amendments Act of 2008 (ADAAA), an employee who...more
In July the EEOC announced the terms of a consent decree settling claims of systemic disability discrimination against a global metal products manufacturer. Pursuant to the terms of the decree, the employer will pay $1...more
Nevada Employer Pays $3.5 Million To Settle “100-Percent Healed” Claim - Slots chain employer Dotty’s recently agreed to pay $3.5 million to settle litigation alleging its “100-percent-healed” policy discriminates against...more
Seyfarth Synopsis: The U.S. Supreme Court’s decline of a Seventh Circuit appellate decision solidifies that where an employee is medically unable to return to work within a very short time period following a leave of absence,...more
Employees who take leave to care for a family member often have the ability to continue working during their leave if the caretaking obligations do not consume all of their time. If the employee asks to work limited hours...more
Many employers have programs allowing employees to donate their own time off to another employee with serious medical or family issues. A dilemma often faced by employers with these policies is whether continued use of such...more
Dear Littler: One of our key employees was injured in a serious car accident. She qualified for, and took, a full 12 weeks of leave under the Family and Medical Leave Act (FMLA) to recover. She was supposed to return to work...more
Are you an employer who must provide benefits to employees under the Family Medical Leave Act (“FMLA”) because you have had 50 or more employees for at least 20 weeks during the past year? If so, do you sometimes get...more
Seyfarth Synopsis: The Eleventh Circuit is the next to find a long-term leave of absence is not a reasonable accommodation under the ADA. Just a few months after a recent and definitive decision by the Seventh Circuit...more
The United States Equal Employment Opportunity Commission (EEOC) has consistently maintained that leaves of absence should be considered as a form of reasonable accommodation under the Americans with Disabilities Act (ADA)....more
In its last round of Family and Medical Leave Act rule revisions, the Department of Labor recognized employers’ rights to establish notice procedures for employees who need to miss work due to intermittent and other legally...more