Leave of Absence

News & Analysis as of

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

Can I help my sick family member without losing my job?

aring for a critically ill family member can be an emotionally taxing and stressful experience. Canadian law recognizes the inherent difficulties in balancing an employee’s desire to care for an ill family member and their...more

DOL Proposes to Extend FMLA Definitions of Spouse to All Same-Sex Marriages

Last Friday, the Department of Labor announced a series of changes to federal regulations intended to expand federal benefits to same-sex spouses. Among the changes are proposed revisions to the definition of “spouse” under...more

Some Little-Known Leave of Absence Requirements

Connecticut employers are generally familiar with the chief leave of absence requirements, such as family and medical leave (starting with employers of 50 or more employees who are covered by federal FMLA) or leave for...more

Tenth Circuit Says a Leave of Absence of More than Six Months Is Virtually Never a Required Accommodation

“[R]easonable accommodations…are all about enabling employees to work, not to not work.” This fundamental insight guides the recent decision by the U.S. Court of Appeals for the Tenth Circuit, holding that a six-month,...more

Employer Can Require Fitness-For-Duty Examination After Return From FMLA Leave

A California appeals court in White v. County of Los Angeles held that an employer could require a fitness-for-duty examination after returning an employee to work based on her medical provider’s certificate, provided that...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

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

On April 29, 2014, Bill 21, the Employment Standards Amendment Act (Leaves to Help Families), 2014, was passed and received royal assent in Ontario. This means that, effective October 29, 2014, the list of job-protected...more

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

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