News & Analysis as of

Family and Medical Leave Act (FMLA) Notice Requirements Employer Liability Issues

Parker Poe Adams & Bernstein LLP

Employee Approved for Intermittent FMLA Leave Only Needs to Provide General Notice of Need for Absences

Intermittent medical leave requests under the Family and Medical Leave Act (FMLA) present some of the most vexing legal and business challenges for employers. The unpredictability of these absences can create scheduling and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Fourth Circuit Reinstates Employee’s Claim That Social Media App Messages Provided Sufficient Notice of a Medical Absence

On August 15, 2022, the U.S. Court of Appeals for the Fourth Circuit held in Roberts v. Gestamp West Virginia, LLC, that an employer’s “usual and customary” notice procedures relating to absences extended beyond the company’s...more

Steptoe & Johnson PLLC

Fourth Circuit Rules That “Usual and Customary” Notice Procedures Are Not the Same as a Written Policy

Steptoe & Johnson PLLC on

In Roberts v. Gestamp West Virginia, LLC, the Fourth Circuit Court of Appeals—which covers Maryland, West Virginia, Virginia, North Carolina, and South Carolina—held that when an employer allows an employee to use an informal...more

Morgan, Brown & Joy, LLP

Reminder: Connecticut Employers Must Comply with CT FMLA and Paid Leave Act Notice Requirements by July 1, 2022

Effective July 1, 2022, Connecticut employers are required to provide their employees with written notice describing their rights under the Connecticut Family and Medical Leave Act (“CT FMLA”) and the Connecticut Paid Leave...more

Steptoe & Johnson PLLC

West Virginia Supreme Court of Appeals Clarifies Employee’s Burden of Proof for FMLA Interference

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The West Virginia Supreme Court of Appeals (WVSCA) issued a new ruling in Fairmont Tool Inc. v. Opyoke, clarifying an employee’s burden of proof to sustain an interference claim under the Family and Medical Leave Act (FMLA)...more

Parker Poe Adams & Bernstein LLP

Discouraging FMLA Leave Violates the Family and Medical Leave Act

The Family and Medical Leave Act (FMLA) requires employers with 50 or more employees to provide eligible employees with 12 weeks of unpaid, job-protected leave in a 12-month period. There are very specific eligibility and...more

FordHarrison

[Webinar] Leave Compliance Alphabet Soup: ADA/FMLA/WC - February 23rd, 2:00 pm - 3:00 pm ET

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Join FordHarrison St. Louis attorneys Karen Milner and Roy Smith as they discuss employer notice requirements and substantive obligations under the FMLA, ADA and worker’s compensation. Topics to be covered include: -...more

McAfee & Taft

FMLA does not prohibit termination for failure to comply with call-in requirements

McAfee & Taft on

Employees can be held accountable for not complying with an employer’s call-in notice requirement, even when the Family Medical Leave Act (FMLA) may apply. In Koch v. Thames Healthcare Group, LLC, the employer had an...more

Holland & Knight LLP

Massachusetts Supreme Judicial Court Analyzes State's Domestic Violence and Abuse Leave Act

Holland & Knight LLP on

The Massachusetts Supreme Judicial Court (SJC) on Aug. 25, 2021, issued an opinion interpreting the Massachusetts Domestic Violence and Abuse Leave Act (DVLA) for the first time since its enactment in 2014. The SJC applied a...more

Dentons

Don’t Let the Door Hit You on the Blank on the Way Out: Skipping the Notice Period

Dentons on

Every HR manager has had that moment where they’re trying to decide whether or not to waive a notice period for an employee who is terminating. Many also have a trickle of doubt about the repercussions waiving the notice...more

Greenberg Glusker LLP

Are You Ready for 2021? Update on New Laws for California Employers

Greenberg Glusker LLP on

In preparation for 2021, California employers have an abundance of new laws to decipher and comply with. Below are the highlights curated by our Employment Law Group. AB 685 CREATES NEW REPORTING REQUIREMENTS REGARDING...more

McDermott Will & Emery

California COVID-19 Supplemental Paid Sick Leave Act (AB 1867): Paid Leave, Notice and Posting Requirements Effective Immediately

McDermott Will & Emery on

Employers with more than 500 employees nationally, and employers of healthcare-provider and emergency-responder employees previously exempted from Families First Coronavirus Response Act (FFCRA) requirements, must provide...more

Fisher Phillips

The Top Non-COVID Workplace Law Stories You May Have Missed: May 2020

Fisher Phillips on

While you have been primarily focused on COVID-19-related matters for the past few months, that doesn’t the world of labor and employment law has taken a timeout. While the pace of new developments has slowed somewhat, there...more

Hinshaw & Culbertson - Insights for Insurers

Early COVID-19 Liability Suits Raise Employment Practices Liability Insurance Issues

The COVID-19 pandemic has forced employers across the country to rapidly make numerous and significant decisions about how to manage their business in this unprecedented time. Employers have had to quickly develop and...more

Farella Braun + Martel LLP

Coronavirus and the Workplace: Key Legal Updates for Employers

With the spread of COVID-19 and the rapidly evolving federal, state, and local government response, it can be difficult for employers to keep up with their rights and obligations. This week, California’s Governor Gavin Newsom...more

McGlinchey Stafford

Clarifying Wage Payments during COVID-19 Pandemic

McGlinchey Stafford on

Many businesses are being affected by forced closures or alternative operations to stop the spread of COVID-19. This is especially true in the entertainment and dining industry. With the government directives have also come...more

Proskauer - Law and the Workplace

Nevada Labor Commissioner Issues Advisory Opinions Regarding Paid Personal Leave Law

As we previously reported, Nevada has enacted a personal leave law, which, effective January 1, 2020, will require private employers with 50 or more employees in Nevada to provide certain employees working in the state with...more

Conn Kavanaugh

Groups Request Extension of Deadline to Begin Collecting Paid Family and Medical Leave Contributions and Propose Amendments to Law

Conn Kavanaugh on

On May 20, nine advocacy groups submitted a letter to state leaders requesting a three-month extension of the July 1 deadline to begin collecting contributions under the Paid Family Medical Leave Act, G. L. c. 175M (“Act”),...more

Conn Kavanaugh

Guidance Released on Notifying Employees of Paid Family and Medical Leave by May 31, 2019

Conn Kavanaugh on

On April 18, the Department of Family and Medical Leave (“Department”) released guidance on the notifications that must be provided to employees under the Paid Family Medical Leave Act, G. L. c. 175M (“Act”), by May 31. The...more

Verrill

12 Days of HR: I’ll Be Home for Christmas—Because of Leave Under the FMLA

Verrill on

Employees often take time off around the holidays. In many cases, an employee’s days off might be pursuant to a planned vacation or time with loved ones. However, an employee might request leave for a situation that would...more

Bowditch & Dewey

Paid Family and Medical Leave Comes to Massachusetts

Bowditch & Dewey on

Massachusetts enacted legislation this past summer (Acts 2018, c. 121, the “Act”) creating its first state-administered Paid Family and Medical Leave Program (the “Program”). Employers of all sizes are required to participate...more

Bowditch & Dewey

Paid Family and Medical Leave Comes to Massachusetts

Bowditch & Dewey on

Adding the Commonwealth to the small-but-expanding list of states providing employees with paid leave benefits, Massachusetts enacted legislation this past summer (Acts 2018, ch. 121, the “Act”) to create a new...more

Fisher Phillips

FEHC Proposes Regulations to Implement California’s New “Ban the Box” and “New Parent Leave” Laws

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Recently, the California Fair Employment and Housing Council (FEHC) proposed new draft regulations to implement provisions of two key employment statutes enacted last year. Last year, Governor Brown signed Assembly Bill...more

Nilan Johnson Lewis PA

Top Ten Laws Affecting California Employers in 2018

Nilan Johnson Lewis PA on

The California legislature and governor have had another busy year adding new laws and regulations for California employers. The changes hit virtually every aspect of the employment relationship – including applications,...more

Parker Poe Adams & Bernstein LLP

Make Sure FMLA Forms Mailed to Employees Can Be Traced

Here is a nightmare scenario for human resources: The company sends an employee absent from work the required Family and Medical Leave medical certification form via regular mail. The employee fails to return the form within...more

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