News & Analysis as of

Leave of Absence Family and Medical Leave Act (FMLA)

Jackson Lewis P.C.

Employer-Provided Health Coverage During Employee Leaves of Absence

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When an employee is on an extended leave of absence, there is often confusion regarding whether and to what extent the employer must continue to provide coverage to the employee under the employer-provided health plan. To...more

Holland & Hart - Employers' Lawyers

Pay Obligations During Doctor-Recommended Leave of Absence

Question: We have an employee whose essential functions require the use of their hands. They have requested an accommodation, and their physician has recommended time off until specific medical restrictions can be determined....more

Goldberg Segalla

[Webinar] Employment Law in the Post-COVID World: A Refresher and Update - March 26th, 12:00 pm - 1:00 pm EDT

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As businesses are implementing return-to-work policies and administrative agencies are adjusting to a post-COVID world, see where employment laws are now and what we expect for the near future. Join Goldberg Segalla partner...more

Sheppard Mullin Richter & Hampton LLP

Employers Under Fire: How to Address Employee Pay and Related Issues When Faced with Natural Disasters

As you have no doubt seen in the news, and may have even experienced first-hand, there have been extreme weather conditions throughout the country, including fires, hurricanes, tornadoes, and floods. When natural disasters...more

Lowndes

Weathering an Employer's Duties During the Storm - August 2023

Lowndes on

Florida’s tax-free holiday for “disaster preparedness” started just days ago, and residents are quickly taking advantage of the opportunity to shop for supplies in advance of Hurricane Idalia. Employers should also be...more

Proskauer - Law and the Workplace

Four Things You May Not Know About … the Family and Medical Leave Act

Welcome to the first in a series of blogs examining often overlooked or misunderstood provisions of common employment law topics.  Today we will be covering four pitfalls that employers may inadvertently encounter when...more

McDermott Will & Emery

[Webinar] Managing Your Workforce During Market Volatility: Separations, Arbitration, Leaves and Accommodations - June 28th, 1:00...

McDermott Will & Emery on

Employers are facing new and evolving pressures as they navigate economic uncertainty. This leads to questions and concerns about managing their workforces with minimal disruption and in a way that mitigates risk from...more

Adams and Reese LLP

[Webinar] Accommodations Compliance Tactics for the Challenging Cases - June 28th, 12:00 pm - 1:00 pm CT

Adams and Reese LLP on

Please join us for a one hour CLE on challenging issues that can confront employers when the desire to discipline employee absences or other work conduct intersects with legal requirements to provide job protected leave or...more

Polsinelli

Department of Labor Issues Guidance on FMLA Leave during a Week with A Holiday

Polsinelli on

Just in time for the summer holidays, the United States Department of Labor (“DOL”) recently issued an opinion letter providing guidance regarding calculating the amount of leave used when an employee takes federal Family and...more

Bradley Arant Boult Cummings LLP

Bueller? Bueller? EEOC Examining Attendance Policies for ADA Violations

Do you have a “no fault” attendance policy or some other way in which employees get points for absences? If so, be careful. A recent Eleventh Circuit matter, EEOC v. Eberspaecher North America, Inc. suggests that the Equal...more

Pullman & Comley - Labor, Employment and...

Reduce Your Risk of Employment Claims in 2023 - Tips #3 and #4

This is the second installment in our series, 10 Tips to Reduce Risk of Employment Claims in 2023. Each tip will discuss an issue our Labor & Employment Practice saw last year, along with suggested action steps that employers...more

Weintraub Tobin

The DOL Issues New Guidance Applying the FLSA and FMLA to Remote Workers

Weintraub Tobin on

On February 9, 2023, the U.S. Department of Labor (“DOL”) issued Field Assistance Bulletin 2023-1 (the “FAB”), which directs agency officials responsible for enforcement on the application of the Fair Labor Standards Act...more

Venable LLP

What Is Reasonable? Handling Employee Requests for an Extended Leave of Absence

Venable LLP on

Assessing extended leave requests can be one of the most difficult and challenging issues employers face. While many employers are sympathetic to an employee's challenging health issues, a desire to help employees must be...more

Parker Poe Adams & Bernstein LLP

Employer's Alleged Refusal to Provide Schedule Changes Results in Jury Trial

Employee medical leave issues involving rights under the Americans with Disabilities Act (ADA) and Family and Medical Leave Act (FMLA) present some of the most complex and dangerous legal situations for employees. Employers...more

Bradley Arant Boult Cummings LLP

Avoid the Naughty List: Eighth Circuit Insight into Handling Requests for Reasonable Accommodations under the ADA

We can’t pass up the opportunity to encourage you to stay off the naughty list by telling you about this Eighth Circuit case offering guidance on working with your employees who request ADA accommodations. In Joseph Mobley v....more

Benesch

New York State Explicitly Limits Bounds of “No Fault” or Points-Based Attendance Policies

Benesch on

On November 21, 2022, New York Governor Kathy Hochul signed into law a new measure that explicitly prevents employers from penalizing workers for lawful absences. The new law amends Section 215 of New York Labor Law...more

Littler

An Employer’s Guide to New York State’s New Lawful Absence Law

Littler on

On November 21, 2022, New York State Governor Kathy Hochul signed into law Bill A8092B (the “lawful absence law”), which amends Section 215 of the New York Labor Law (NYLL), to prohibit employers from disciplining employees...more

Fox Rothschild LLP

New York Employers Cannot Retaliate Against Employees for Lawful Absences

Fox Rothschild LLP on

Starting February 19, 2023, New York employers will be prohibited from retaliating against employees who take lawful absences pursuant to federal, state or local law. Employers are advised to review their leave of absence...more

Clark Hill PLC

Sixth Circuit Clarifies Foreseeability and Notice Requirements Under FMLA

Clark Hill PLC on

On Nov. 16, the United States Court of Appeals for the Sixth Circuit issued a published decision clarifying the notice requirements under the Family and Medical Leave Act (“FMLA”). The Court held that a former assembly...more

Bricker Graydon LLP

[Event] Employment Law Hot Topics - November 8th, Columbus, OH

Bricker Graydon LLP on

Bricker & Eckler’s annual “Hot Topics” seminar provides human resources professionals and in-house attorneys with insight into ongoing and emerging labor and employment issues. This year, we are pleased to partner with Scotts...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

Pietragallo Gordon Alfano Bosick & Raspanti,...

[Webinar] FMLA Interference and Retaliation: Navigating the complex and seemingly contradictory waters of FMLA claims - October...

Pietragallo attorney Mark Sottile will draw on his extensive employment law experience in Pennsylvania and New Jersey’s state and federal courts in this informative presentation on the Family Medical Leave Act (“FMLA”) and...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

Poyner Spruill LLP

[Webinar] Mental Health In the Workplace - September 22nd, 12:00 pm EST

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The EEOC and the DOL have released guidance on employer obligations under the Americans with Disabilities Act and the Family Medical Leave Act when employees have mental health issues that interfere with their ability to...more

Dentons

Discipline Notes as a Lawsuit Defense

Dentons on

One of the things that happen with the Family Medical Leave Act (FMLA) is a disconnect between the complex structure of the FMLA and its practical application. Plaintiff attorneys will sometimes assert in claims that they...more

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