Family Medical Leave Act Notice Requirements

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

Failure to Advise Employee of Consequences of Not Returning Medical Certification Form Results in FMLA Interference Verdict

The Family and Medical Leave Act permits employers to require eligible employees to submit medical certification of their need for personal or companionship FMLA leave. Under Department of Labor rules, employees have 15 days...more

Trends in New Jersey Employment Law - September 2014

Third Circuit Renders Important Decisions on FMLA and FLSA - In recent weeks, the U.S. Court of Appeals for the Third Circuit rendered a trio of significant employment law decisions....more

Sixth Circuit Reminds Employers of Notice Requirement Under the FMLA

The United States Court of Appeals for the Sixth Circuit recently upheld a ruling that FedEx interfered with a former employee's rights under the Family and Medical Leave Act (FMLA) by failing to give her adequate notice of...more

Inability to Show Receipt of FMLA Notice Defeats Employer's Summary Judgment Motion

Why do lawyers insist that everything be sent by certified or registered mail? A new case from the Third Circuit Court of Appeals demonstrates how the inability to prove that a required notice had actually been mailed...more

Can You Prove the Mail Was Delivered? If You Are Sending An FMLA Notice, the Answer Must Be Yes

A recent case emphasizes the importance of implementing procedures that establish strict compliance with the employer notice obligations under the FMLA. In Lupyan v. Corinthian Colleges, Inc., the Third Circuit held that...more

Think Before You “Snail Mail” Those FMLA Notices

When I conduct employment trainings, I often caution executives and managers to think before they email. In my experience, people tend to be more casual and to use poorer judgment when they email than when they write a memo...more

Employment Law Posters to be Displayed in the Workplace – Some New and Some Old

When the Oklahoma legislature revamped Oklahoma’s anti-discrimination laws in mid-2013, one of the new requirements imposed (and enforced by the Oklahoma Attorney General’s Office of Civil Rights’ Enforcement) was a...more

When it Comes to an FMLA Notice — the Post Office May Not Deliver For You in the Third Circuit

The U.S. Court of Appeals for the Third Circuit recently ruled that an employer may not rely on “the Mailbox Rule” to prove that the employer provided an employee with notice of his or her rights under the Family and Medical...more

Employers: Send Your FMLA-Related Notices via Certified Mail

Send your Family and Medical Leave Act (FMLA) notices to employees via certified mail or risk having your summary judgment motion denied—that’s the message from U.S. Third Circuit Court of Appeals in Lupyan v. Corinthian...more

A Game-Changing Decision? Sending FMLA Notices to Employees by U.S. Mail May Not Cut It Anymore

With all the FMLA paperwork that a leave administrator has to provide an employee during the FMLA process, you’d wonder whether you’re attending a real estate closing. All these documents — whether it’s the Notice of...more

Executive Order May Block Contractors with Labor Violations from Receiving Federal Contracts

On July 31, 2014, President Obama signed the Fair Pay and Safe Workplaces Executive Order (“Executive Order”) that requires contractors to (1) disclose recent violations of various workplace laws before being awarded federal...more

Failure to Provide Anticipated Date of Return to Work Does Not Disqualify Employee From FMLA Leave

Under the Department of Labor’s Family and Medical Leave Act rules, employees who request foreseeable FMLA leave need to provide their employers with an anticipated date of return to work. These regulations, however, do not...more

Employer's Failure to Provide Timely FMLA Paperwork Creates No Claim Absent Proof Employee Was Able to Work

Department of Labor regulations issued under the Family and Medical Leave Act require employers to provide FMLA eligibility and designation notices. Employers frequently fail to provide these notices, or provide them after...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

Employers: Limit FMLA Liability by Making Them Pick Only One From the Menu

A recent federal appellate court decision illustrates how employees may limit their rights by affirmatively choosing to designate time-off as vacation time rather than as leave protected by the Family and Medical Leave Act...more

Top 25 FAQs Employers May Have About Implementing the New Portland Paid Sick Leave Ordinance in 2014

In March 2013, the Portland City Council passed the new Portland Paid Sick Leave Ordinance requiring all but the smallest employers to provide paid sick leave (“PSL”) for employees who work within city limits. On November 1,...more

Employment Newsletter - March 2013: Recent Federal District Court Case Highlights the Importance of “Individual” FMLA Notices to...

The New Jersey U.S. District Court has held that providing a general notice of employee rights and responsibilities under the FMLA may not be enough to avoid liability even where an employee has received all required leave...more

Employers Must Update Several Policies, Forms and Posters

As the first four months of 2013 come to a close, employers should ensure that their human resources departments have updated several policies, forms and posters requiring attention after the first of the year. The posting of...more

The Importance Of Providing Individual FMLA Notices To Employees

The Department of Labor was serious when it required employers beginning in 2009 to provide individual FMLA notices to employees regarding their eligibility and rights (Notice of Eligibility and Rights & Responsibilities) and...more

FMLA Policy In Handbook Does Not Satisfy Individualized Notice Requirements Of FMLA, New Jersey District Court Holds

The Family and Medical Leave Act (FMLA) requires that employers provide both general notice to their employees of their rights under the FMLA and individualized notice to employees requesting or inquiring about leave. In...more

FMLA's Twentieth Birthday

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

Spring Cleaning: Time to Update Some FMLA and I-9 Forms & Posters

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

New FMLA Regulations Effective: New Notice Poster and Model Forms Available

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

New FMLA Regulations Effective Today - March 8, 2013

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

Out with the Old, In with the New

Following a series of minor amendments to the Family and Medical Leave Act of 1993 (FMLA) as well as approval of related regulations by the Department of Labor (DOL), the DOL has issued a new FMLA poster. The new poster is...more

32 Results
|
View per page
Page: of 2