Leave of Absence

News & Analysis as of

EEOC Commissioner Gives Insight Into Handling Employee Leaves Of Absence After FMLA Is Exhausted

Last week, I had the pleasure of co-presenting with EEOC Commissioner Chai Feldblum on the topic of “leave” as a reasonable accommodation under the ADA. Our presentation was part of an FMLA/ADA compliance conference hosted...more

2014 Employment Law Update

Whether you choose to set a New Year’s resolution or not, the start of a new year is normally full of changes if you are a business owner or employer. 2014 is no different, with dozens of new employment laws going into...more

Ringing in the New Year: A Summary of New California Employment Laws for 2014

California’s 2012-2013 Legislative Session concluded with the enactment of a variety of new laws that will affect California employers. In light of these developments, summarized below, California employers should review...more

California Employment Law Update: What’s New for 2014

The California Legislature was unusually active this year. Significantly, California increased the state minimum wage, created new “unfair immigration-related practices,” and expanded protections for whistleblowers. All laws...more

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

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

Can An Indefinite Leave Of Absence Be A Reasonable Accommodation?

One of the most difficult issues an HR professional or in-house employment counsel faces is how to deal with an employee who cannot return to work after FMLA leave expires. Is additional leave required? ...more

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

Fenwick Employment Brief - November 2013

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

Employer Payment of Union Officials’ Salaries Deemed Unlawful

Seventh Circuit breaks with long-relied-upon precedent, holding that wage payments to former employees on leaves of absence for union business violate section 302 of the LMRA....more

New York City Employers Must Prove Indefinite Leave Request is Undue Hardship

The New York Court of Appeals ruled last Thursday that a disabled employee’s request for an indefinite leave of absence is not a per se unreasonable accommodation under the New York City Human Rights Law. Rather, the state’s...more

Is an Honor Vacation Policy Right for My Company? [Video]

Companies in California and across the United States are moving away from traditional vacation accrual policies to unlimited vacation policies, or honor vacation policies. What is an honor vacation policy? How can start-ups...more

First Circuit Holds Military Members May Be Entitled to Discretionary Promotions upon their Return from Service

The First Circuit Court of Appeals held that an employer may have discriminated against an employee by not giving him a discretionary promotion upon his return from a military deployment in Rivera-Melendez v. Pfizer Pharm.,...more

Employee Leaves of Absence and Other Accommodations under the Law: What Every Nonprofit Needs to Know

In this presentation: - Americans with Disabilities Act ..Overview & Practical Pointers - Family and Medical Leave Act ..Overview & Practical Pointers - Questions - Excerpt from: Family and...more

International Employment Law Review: August 2013 - Issue 4: Recent Employment Law Developments in Luxembourg

Legislation - Law Against the Employment of Illegal Aliens Passed - On December 21, 2012, the Luxembourg Parliament enacted a law against the employment of individuals illegally present in Luxembourg....more

Oregon’s Bereavement Leave Law Is the First of Its Kind

The Governor of Oregon recently signed a law to mandate that certain private employers provide employees with bereavement leave. The new law, which is contained in an amendment to Oregon's existing family leave statute, takes...more

When is a House Not a Home?

A woman takes a day off work to drive her significant other to a doctor’s appointment after he complains of having heart issues. ...more

Leave-of-Absence Issues Managers Need to Know

In many organizations, the human resources function is handled by specialists who guide managers' decision-making to ensure consistency with myriad employment laws. It is not uncommon, however, for HR professionals to get...more

I Believe My Employee Is Unfit To Return To Work. Can I Require A Full Medical Examination Before His Return?

Have you ever doubted whether one of your employees actually was fit to return to work from a leave of absence? ...more

Why Must Employers Train Their Managers About The FMLA? Here Are 1.2 Million Reasons Why

I came across an interesting FMLA case this past week, and the facts are simple enough that it kept my attention. [In the age of Twitter and Facebook, anything beyond a 30-second sound byte and you might as well give me a...more

New York Court Holds That Extended Leave Of Absence May Be A Reasonable Accommodation Under New York City Human Rights Law

LaCourt v. Shenanigans Knits, Ltd., No. 102391/11 (N.Y. Sup. Ct., N.Y. Cty., Nov. 14, 2012): While still employed by defendants, the plaintiff informed her supervisor of her recent breast cancer diagnosis and her decision to...more

Can Brent Musburger Take A Leave Of Absence From ESPN For Work-Induced Stress?

Feel free to call me out for shamelessly piling on veteran broadcaster Brent Musburger. But by now, you know that issues arising under the Family and Medical Leave Act are part of the American fabric as much as baseball and...more

Legislative Update: Legislature Addresses Gifted And Talented Program, Indirect Cost Rates, Educational Placement Of Foster...

KMTG is continuing our series reviewing new legislation. Unless noted otherwise, the new laws take effect January 1, 2013. Gifted & Talented Program — AB 2491 - Current law evidences the Legislature’s intent to...more

Doing Business in Canada: Employment & Labour

The relationship between an employer and an employee in Canada is heavily regulated. All jurisdictions in Canada – both federal and provincial - have enacted legislation (statutes and regulations) governing various aspects of...more

“NJ SAFE Act” Would Require Unpaid Leave To Victims Of Sexual Assault Or Domestic Violence

Similar bills pending before the Assembly (A2919) and Senate (S2177), each entitled the “New Jersey Security and Financial Employment Act” or the “NJ SAFE Act,” would require employers with 25 or more employees to provide 20...more

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