News & Analysis as of

Family and Medical Leave Act (FMLA) Reinstatement

Jackson Lewis P.C.

A Refresher on the California Family Rights Act

Jackson Lewis P.C. on

At the start of 2021, California’s family and medical leave law, the California Family Rights Act (CFRA), expanded its coverage to apply to smaller employers—from employers with 50 or more employees to those with just 5 or...more

Sherman & Howard L.L.C.

Poor Mental Health Does Not Excuse Workplace Threats, Misconduct

In Todd v. Fayette County School District, the Eleventh Circuit Court of Appeals reminded us that an employer’s legitimate and non-discriminatory reason for taking a challenged action need not have actually happened as long...more

McAfee & Taft

Employer responsibilities for reinstating employees returning from FFCRA leave

McAfee & Taft on

Beginning on April 1, 2020, employees across the nation were able to take paid leave for COVID-19 related reasons under the first-of-its-kind Families First Coronavirus Response Act (FFCRA). Soon enough, employees who have...more

Chambliss, Bahner & Stophel, P.C.

The Details Employers Need to Know About the Families First Coronavirus Response Act

The newly enacted Families First Coronavirus Response Act fundamentally amends the Family and Medical Leave Act and also enacts the Emergency Paid Sick Leave Act. The basic result of these two new laws is to provide employees...more

White and Williams LLP

The Families First Coronavirus Response Act: An Analysis

White and Williams LLP on

On Tuesday, the United States Senate passed, and President Trump, signed into law the Families First Coronavirus Response Act (the Act). The Act contains emergency relief for both individuals and small businesses from the...more

Dentons

HR Quick Takes: FMLA Leave for Key Employees

Dentons on

Q: If I am designating an employee as a key employee under the FMLA, can I just fire them on the first day of leave?  A: No, the FMLA allows key employee designation (exempt, top 10% of earners), but it only allows denial...more

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

U.S. District Court Highlights Job Reinstatement Obligations After FMLA Leave

On May 6, 2019, the U.S. District Court for the Eastern District of New York denied summary judgment on a Family and Medical Leave Act (FMLA) retaliatory transfer claim. The court found that the employer’s explanation for...more

Foley & Lardner LLP

Managing the Interplay Between the ADA, FMLA and WC

Foley & Lardner LLP on

The following description may seem quite familiar to those who deal with employee issues on a daily basis. Your employee, who has a physically demanding job on the factory floor, has been out on leave for an injury that he...more

BCLP

Avoiding State Law Pitfalls (Part 2 of 4)

BCLP on

This is the second hypothetical in our series showing how well-intentioned employers can violate unfamiliar state laws. Scenario #2 - A manager of a Chicago, Illinois restaurant calls you regarding a long-term employee...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says FMLA Allows Reinstatement to Equivalent Position Even If Original Job Remains

Employees taking leave under the Family and Medical Leave Act (FMLA) are entitled to be reinstated to their previous job or to an equivalent position. The equivalent position must be the substantially the same in terms of...more

Franczek P.C.

Can Hillary Clinton Take FMLA Leave for Pneumonia? And Can Her Campaign Give Her the Boot Because She's a Key Employee?

Franczek P.C. on

Disclaimer! Disclaimer! This is not a political post. But where current events meet the FMLA, I’m as giddy as a five-year old boy coming eye-to-eye with his first dump truck! Unless you’ve been living under a rock the...more

Parker Poe Adams & Bernstein LLP

Tenth Circuit Decision Shows How Employers Can Deal with Performance Problems Discovered with Employees on Leave

Employees on approved Family and Medical Leave are entitled to reinstatement upon return to the same or an equivalent position. Commonly, when the employee is absent on leave, the employer discovers work performance issues...more

Parker Poe Adams & Bernstein LLP

ADA Allows Employer to Reduce Employee to Part-Time Status After Return From Medical Leave

Here is a common human resource scenario: An employee goes out of work on medical leave. While she is away from work, the managers or co-workers who cover her duties discover that the work can be readily accomplished without...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Failure to Advise Employee of Leave Reinstatement Interfered with FMLA Rights

The U.S. Supreme Court’s 2002 Ragsdale decision rejected Department of Labor regulations stating that failure to provide employees with notice of leave rights was a per se violation of the Family and Medical Leave Act....more

Dorsey & Whitney LLP

Paid Family Leave and $15 Minimum Wage Coming to New York

Dorsey & Whitney LLP on

New York has enacted legislation that, over the next several years, will phase in 12 weeks of paid family leave for all employees, as well as a $15 minimum wage in New York City and other parts of New York State. The...more

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

The CFRA Amendments: How to Prepare Your Organization

On March 4, 2015, the California Fair Employment and Housing Council approved updates to the California Family Rights Act (CFRA) regulations. These updates, which took effect on July 1, 2015, clarify certain CFRA provisions...more

Sherman & Howard L.L.C.

FMLA Leave – Follow Up on Expected Return to Work

An employee who returns to work at the end of FMLA leave may be entitled to reinstatement, even if the employer wasn’t expecting her. In Gienapp v. Harbor Crest, No. 14-1053 (7th Cir., June 24, 2014), the employee requested...more

Fenwick & West LLP

Company not required to reinstate temporary employee after FMLA leave of absence where temp agency did not request that employee...

Fenwick & West LLP on

In Cuellar v. Keppel Amfels LLC, the Fifth Circuit Court of Appeals addressed the relatively novel issue of whether a company has an obligation to reinstate a temporary employee returning from FMLA-covered leave. Jessica...more

Fenwick & West LLP

Fenwick Employment Brief - November 2013

Fenwick & West LLP on

Flurry of New California Employment Statutes Continues - The California Legislature passed and Governor Brown approved the following new statutes impacting California employment law that shortly take effect in 2014....more

Stinson LLP

Employment And Labor Insight - Parenting Leave For Minnesota Employers: A Guide To The FMLA And MPLA

Stinson LLP on

Under the federal Family and Medical Leave Act (FMLA), eligible employees are entitled to up to 12 weeks of unpaid job-protected leave for specified family and medical reasons within a 12-month period. 29 U.S.C. 2601 et seq....more

Wilson Sonsini Goodrich & Rosati

Significant Changes to California Pregnancy Leave Will Take Effect on December 30, 2012

The Fair Employment and Housing Commission (FEHC) recently issued revised regulations that govern pregnancy disability leave (PDL) in California. The new regulations take effect December 30, 2012, and include changes that...more

BakerHostetler

New California Pregnancy Disability Leave (PDL) Regulations Adopted

BakerHostetler on

BakerHostetler's Employment and Labor Group would like to bring to your attention the following recent changes to the California Pregnancy Disability Leave (PDL) Regulations affecting employer obligations and liabilities: ...more

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