Medical Leave

News & Analysis as of

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

Update on Holiday Pay and Sickness: “Right to Carry Forward” Limited to Four Weeks Per Year

The Employment Appeal Tribunal (EAT) has handed down an important decision for UK employers, limiting the right of workers to carry forward holiday entitlement accrued during a period of long-term sickness absence. ...more

Time for Employers to Review Their Family Medical Leave Act Policies Following the Supreme Court's Decision to Strike Down DOMA

Employers in the District of Columbia, California, Connecticut, Delaware, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, New York, Rhode Island, Vermont, and Washington should review their Family Medical...more

EEOC Sues Midwest Regional Medical Center For Disability Discrimination

Hospital Fired Employee for Accepting its Offer of a Brief Leave of Absence After Cancer Treatment, Federal Agency Charged - OKLAHOMA CITY, Okla. - Midwest Regional Medical Center, an acute care hospital and for-profit...more

Minnesota Legislature Expands Employee Right To Use Sick Leave To Care For Family Members

Minnesota employers who offer sick leave benefits take note: employees can use benefits to care for sick family members. ...more

Change To Minnesota Sick Leave Law Begins August 1

Effective August 1, Minnesota employers with 21 or more employees may have to change their sick leave policies....more

New York City Council Enacts Paid Sick Time Law; Employees Now Entitled To Paid Sick Time From Certain Employers

On June 26, 2013, New York City joined the growing list of jurisdictions requiring employers to give workers paid sick time. Originally Published in Law360 - July 9, 2013....more

Failing To Recognize An Employee's Need For FMLA Leave Can Be A Costly, Painful Mistake

Employers, can we have a heart to heart? I need to get something off my chest. ...more

New York City Passes Earned Sick Time Act

New York City has become the latest U.S. city to require paid sick leave for many local private sector employees. On May 8, 2013, the New York City Council passed the Earned Sick Time Act by a 45-3 vote....more

Supreme Court Finds DOMA to Be Unconstitutional -- Impact on Employers Explained

On June 26, 2013, a majority of the Supreme Court held in United States v. Windsor that Section 3 of the Defense of Marriage Act (DOMA), which defined marriage for purposes of federal law as the union of a man and a woman, is...more

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