Medical Leave

News & Analysis as of

Ringing in the New Year: A Summary of New Employment Laws for 2015

With the use of more than a few pens, the Governor of California has enacted more than 50 new laws related to employment, some of which affect all employers, and others that affect only specific industries. Unfortunately for...more

Does a Request for Disability Benefits Qualify as a Request for an Accommodation of Leave Under the ADA?

Last month, the Sixth Circuit Court of Appeals answered this question in the negative and found that an employee’s request for long-term disability benefits did not amount to a request for a reasonable accommodation in the...more

Don’t Forget That 12 Weeks Really Doesn’t Mean 12 Weeks

I frequently receive calls from clients involving an employee who is about to use up all of his available medical leave (FMLA or otherwise), but who has little chance of returning to work anytime soon. Many times, the...more

"You Want More Time Off? "Dealing With Medical Leave Requests Under The FMLA And ADA

FMLA BASICS - - Applies to employers with over 50 employees within 75 miles - Applies to employees with at least 1,250 hours of service in last 12 months - Permits up to 12 weeks of total leave (job or equivalent...more

Dialysis Clinic, Inc. Sued By EEOC For Disability Discrimination

Sacramento Clinic Fired Nurse With Breast Cancer Over Medical Leave, Federal Agency Charges - SACRAMENTO, Calif. -- Nationwide healthcare provider Dialysis Clinic, Inc. (DCI) violated federal law by firing and refusing...more

Princeton Healthcare Pays $1.35 Million to Settle Disability Discrimination Suit with EEOC

Hospital Fired Employees After 12 Weeks of Leave, Federal Agency Says - TRENTON, N.J. --- Princeton HealthCare System (PHCS), which operates an inpatient hospital and several outpatient medical facilities, will pay...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

FMLA FAQ: Can An Employer Require A Doctor's Note For Each Intermittent FMLA Absence?

Over the past few weeks, I have had the pleasure of presenting on complex FMLA issues for attorneys and HR professionals attending several seminars sponsored by the National Employment Law Institute (NELI), which puts on some...more

May an Employer Request a Fitness for Duty Exam After an FMLA Leave?

When an employee goes out on an approved medical leave and returns to work following the leave, employers sometimes question whether the employee is ready to return to the workplace. Most employers correctly request a release...more

Plaintiff Taps Into Anti-Hacker Law To Bring Claims Against Employer Who Posted On Plaintiff's Social Media Accounts

The Fast Laner has previously addressed the headaches accessing employees’ social media accounts can create for employers, and a recent Northern District of Illinois case suggests those fears are well-founded. In Maremont v....more

Ninth Circuit Upholds Jury Verdict For Employer, Holding That Employee Affirmatively Declined to Take FMLA Leave

In Escriba v. Foster Poultry Farms, the U.S. Court of Appeals for the Ninth Circuit upheld a jury verdict in favor of an employer on an employee’s Family and Medical Leave Act (FMLA) claims. The employer discharged Escriba...more

FMLA FAQ: Can An Employer Designate FMLA Leave When An Employee Refuses To Provide Medical Certification?

I received a ton of feedback last week in response to my post about whether an employee can decline FMLA leave even though the absence qualifies under the Act. One question, in particular, was thrown at me repeatedly, and it...more

Employment Law Advisory for February 28, 2014: The EEOC's New Challenge to a 12 Month Maximum Medical Leave Policy

Human resource professionals know that administering leave policies and practices is one of the most difficult tasks for any employer. An employer’s obligations to provide reasonable accommodation to a disabled employee and...more

Proposed Family and Medical Leave Enhancement Act Would Have Large Impact on Employers

U.S. House Representative Carolyn B. Maloney of New York has introduced H.R. 3999, which would provide for a far-reaching expansion of the Family and Medical Leave Act (“FMLA”). The bill introduces two big changes to...more

Last Call! Third Circuit Court Of Appeals Rules That Employer Can Terminate Employee For Violating Strict No Alcohol Return To...

The Third Circuit Court of Appeals recently issued a decision holding that an employer's termination of an employee for violating a very broad and restrictive return to work agreement (RWA), which prohibited the employee from...more

Annual Labor & Employment Update 2013 [Video]

BB&K labor and employment law attorneys hosted a webinar focusing on new legislation and case law impacting California employers - private and public. Topics included: - New Legislation Public and Private Employers -...more

2013 Employment and Labor Law Final Exam

As the end of 2013 quickly approaches, it is time to put your employment and labor law knowledge to the test with Nexsen Pruet’s third annual final exam. We will send out answers to the exam on December 17th. Be sure to email...more

Oakland Children's Hospital Sued by EEOC for Disability Discrimination

Medical Center Fired Employee with Breast Cancer, Federal Agency Charged - OAKLAND, Calif. - An Oakland-based non-profit regional medical center violated federal law when it failed to accommodate and instead fired an...more

Annual Labor & Employment Law Update

In This Issue: - New Legislation Public and Private Employers - Wage and Hour Law - Disability, Discrimination and Medical Leaves - Discrimination, Harassment and Retaliation - Religion in the...more

FMLA FAQ: My Employee Took A Whole Lot Of Leave Last Year. Is He Even Eligible Now For FMLA Leave?

Q: We have an exempt, managerial employee who in this past year took all 12 weeks of FMLA leave, and six additional weeks of unpaid leave. He also was intermittently absent for digestive problems to the tune of about four...more

Employer Must Prove Indefinite Leave Is Undue Hardship Under NYCHRL, Says New York’s Highest Court

Can an employee state a claim for a disability discrimination termination when he advises his employer that his return to work date "is indeterminate at this time" and the employer, without further discussion with the...more

Act Now Advisory: Jersey City, New Jersey, Passes Law Requiring Paid Sick Leave

On September 25, 2013, the City Council of Jersey City, New Jersey, passed Ordinance 13.097 ("Ordinance"), which requires private employers conducting business in Jersey City with 10 or more employees in Jersey City to...more

Employment Newsletter - March 2013: Recent Federal District Court Case Highlights the Importance of “Individual” FMLA Notices to...

The New Jersey U.S. District Court has held that providing a general notice of employee rights and responsibilities under the FMLA may not be enough to avoid liability even where an employee has received all required leave...more

Take 5 Newsletter: California's Leave Laws Could Potentially Create the Perfect Storm for Employers

National employers often find it challenging to navigate the employment laws of the various states in which they do business. In most cases, the easiest solution may be to adopt national policies that follow federal law. This...more

New Rhode Island Temporary Caregiver Insurance Benefits Become Effective January 1, 2014

New Temporary Caregiver Insurance Benefits Become Effective January 1, 2014 Beginning January 1, 2014, all employees regardless of their employer’s size will be eligible for up to four weeks of leave under the Temporary...more

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