Leave of Absence

News & Analysis as of

DOL Issues Final Rule Redefining “Spouse” Under FMLA

Last Wednesday the Department of Labor (DOL) issued its Final Rule revising the definition of “spouse” under the Family and Medical Leave Act....more

DOL Issues Final Rule Providing FMLA Rights To All Workers in Legal Same-Sex Marriages

The Department of Labor issued its Final Rule on Family Medical Leave Act (FMLA) rights on February 25, joining the Internal Revenue Service in adopting the “place of celebration”/“state of celebration” test. By virtue of...more

Under Final FMLA Rule, Rights for Same-Sex Spouses Will Be Based On "Place of Celebration"

On February 23, 2015, the Department of Labor (“DOL”) announced the final rule to revise the definition of spouse under the Family Medical Leave Act (FMLA). The changes to the FMLA regulations will take effect on March 27,...more

DOL Issues Final FMLA Rule that Offers Equal Leave Rights to Same-Sex Spouses

This week, the U.S. Department of Labor (“DOL”) announced its final rule regarding the definition of “spouse” for purposes of the Family and Medical Leave Act. The rule changes the definition of the term “spouse” from one...more

Department of Labor: Married Same-Sex Couples Have FMLA Rights Regardless of State of Residence

The U.S. Department of Labor ("DOL") recently announced its Final Rule changing the definition of "spouse" in the Family and Medical Leave Act ("FMLA") to include most same-sex married couples. The Final Rule becomes...more

Massachusetts Officially Provides Paternity Leave!

On his last day in office, Governor Patrick signed Senate Bill 865, the so-called Parental Leave Act (“Parental Leave”), which amends the Massachusetts Maternity Leave Act (“MMLA”) to provide unpaid leave to all eligible...more

Federal FMLA Regulations Recognize Same-Sex Marriages

The U.S. Department of Labor today announced changes to the regulations that define a “spouse” for purposes of the federal Family and Medical Leave Act. The changes fully implement the U.S. Supreme Court’s decision in United...more

Hey Guys, You Get “Maternity” Leave, Too!

For years, the Massachusetts Maternity Leave Act (“MMLA”), M.G.L. c. 149, §105D, only applied to female employees by its literal terms. The Massachusetts Commission Against Discrimination (“MCAD”), the agency tasked with...more

WESA's Second Act? Paid Leave for All Minnesota Employees

Governor Dayton signed the Women’s Economic Security Act (WESA) into law last Mother’s Day. WESA dramatically expanded employees’ rights to unpaid leaves of absences for parental and family care purposes. Earlier this month,...more

Prognosis Negative: You’re Not Immune to Company Policy Under California Leave Law

In Richey v. Autonation, Inc., issued January 29, 2015, the California Supreme Court reinstated an arbitration award against the plaintiff and confirmed that employers retain the right to terminate employees who violate...more

Employer Requires Employee to Work During FMLA Leave. Ummmm, Is This a Problem?

Sure, Joan, you can take a leave of absence, but you’re still going to work while you’re out, right? Is this problem?  I guess it depends on whether or not you’re Joan. Let me explain. ...more

Massachusetts AG Advises on Domestic Violence Leave Act

The Massachusetts Attorney General recently issued an Advisory regarding the new Domestic Violence Leave Act, which was passed on August 8, 2014. The Advisory helped to clarify some of the requirements of the Act....more

Massachusetts Attorney General Issues Guidance on Domestic Violence Leave Act

The Massachusetts Attorney General recently issued an Advisory and other guidance on a new Massachusetts law, known as the Domestic Violence Leave Act (the “DVLA”). The Attorney General’s guidance confirms the basic...more

Massachusetts Attorney General Issues Guidance on New Domestic Violence Leave Law

In August of 2014, Massachusetts enacted broad reforms of the Commonwealth’s domestic violence laws. As Ogletree Deakins detailed in an August 18, 2014 Massachusetts eAuthority, “Domestic Leave Now Mandated in Massachusetts,”...more

IRS Acts Quickly to Facilitate Donations for Ebola Victims and Offer Tax Relief

While employers and employees alike are asking questions about the proper workplace response to the Ebola outbreak in West Africa, these same folks are also asking how they can help the victims, their families and those who...more

EEOC and Chicago-Area Marshmallow Maker Reach Accord in Disability Suit

Doumak Agrees to Modify Leave Policies at Manufacturing Facilities - CHICAGO - Doumak, Inc., a longtime Chicago-area marshmallow manufacturer, has agreed to change its leave policies to resolve a disability...more

Reminder: Three New Statutory Leaves of Absence are Set to Take Effect in Ontario on October 29, 2014

On October 29, 2014, the following three new job-protected leaves of absence will come into effect under Ontario’s Employment Standards Act, 2000 (ESA)...more

Compliance Reminder – New Statutory Leaves in Ontario

Employers should be aware that effective as of October 29, 2014, statutory leaves of absence in Ontario under the Employment Standards Act, 2000 (the “ESA”) will be expanded to include the new “family caregiver leave”,...more

Got an Outdated Employee Handbook? Update Now!

What Employer doesn’t have an Employee Handbook with the requisite at-will language to defeat implied contract claims? So 1990’s. It’s 2014… Time to Update these HOT Employment Areas...more

10 Ways Your Personnel Policies Are Exposing Your Company to Legal Risk (And What to Do About It)

Your company’s personnel policies set expectations and standards for your employees, and can be used as a key defense tool in litigation. Accordingly, it is important to conduct regular audits of these policies to ensure they...more

California Family Rights Act Interference Claims Proceed

Moore v. Century Gaming Management, Inc., No. B249978 (June 4, 2014): The California Court of Appeal recently ruled in an employee’s favor in a suit in which she claimed that her employer interfered with her rights under the...more

Must an Employer Modify its Leave of Absence Policy to Ensure Compliance with the ADA?

When is modification of a no-fault or inflexible leave of absence policy required as an accommodation under the Americans with Disabilities Act (ADA)? Although the Equal Employment Opportunity Commission (EEOC) has taken the...more

DOL Proposes Rulemaking to Amend Definition of "Spouse" for FMLA

In 2013, the United States Supreme Court held, in U.S. v. Windsor, that the Defense of Marriage Act's limitation of "marriage" and "spouse" to heterosexual couples was unconstitutional. Thereafter, President Obama instructed...more

Executive Briefing

In its decision on Templemire v. W&M Welding, Inc., the Missouri Supreme Court imposed a minimalist “contributing factor” causation standard on workers’ compensation retaliation claims. The decision overrules two precedents,...more

FMLA Leave Requests: Do Employees Need to Specify the Expected Duration of Leave?

Under the Family Medical Leave Act (FMLA), whether an employee is required to specify the expected duration of leave on a FMLA application depends on whether the leave is categorized as foreseeable or unforeseeable leave. If...more

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