Medical Leave

News & Analysis as of

“I’ll Be Back To Work Soon”: Massachusetts Addresses An Employer’s Obligations When Employee On Leave Gives An Indefinite Return...

Seyfarth Synopsis: On February 5, 2017, in M.C.A.D. v. Country Bank for Savings, the Massachusetts Commission Against Discrimination (“MCAD”) held that an employer engaged in unlawful disability discrimination when it...more

[Webinar] Employment Law Webinar: Negotiating the Maze of Overlapping Leave Laws - March 22nd, 10:00am PST

Please join us March 22, 2017 at 10:00 a.m. PST for an employment law presentation on overlapping leave laws. Our experienced employment lawyers will review major federal and California laws regarding employee leaves of...more

Cushman & Wakefield will Pay $100,000 to Settle EEOC Disability Discrimination Lawsuit

Commercial Real Estate Services Company Fired Employee with Breast Cancer, Federal Agency Charged - BALTIMORE - Commercial Real Estate Services Company Cushman & Wakefield will pay $100,000 and furnish significant relief...more

Employee Absenteeism Due to Disability: What are Reasonable Accommodations?

One of the most troubling issues faced by human resource professionals is how to address an employee with a disability that impacts their ability to report for work. A good example is an employee who suffers from episodes of...more

2016 DC Metro Area Employment Law Year In Review

The District of Columbia, Maryland (including Montgomery County) witnessed an active 2016 with respect to new and amended workplace laws that impose additional responsibilities on employers, and expand employee rights and...more

Paid Family and Medical Leave for D.C. Employees To Become Law

District of Columbia Mayor Muriel Bowser on Feb. 15, 2017, declined to veto the controversial Universal Paid Leave Amendment Act of 2016. Although she declined to veto the measure, Bowser returned the bill unsigned to the...more

Think Before You Call: Contacting Employees On FMLA Leave

How many employers have had this situation arise? An employee requests and receives FMLA leave. While they are out, the employee’s supervisor needs to locate a document, find out the status of a project the employee was...more

Mayor of District of Columbia Permits Universal Paid Leave Amendment

The Act, if it becomes law, would be one of the most generous paid leave laws in the nation. On December 20, 2016, the Council of the District of Columbia (Council) passed the Universal Paid Leave Amendment Act of 2016...more

Evidence That Younger Employees Violated Company Policy Without Consequences Results in Denial of Summary Judgment

In light of evidence that younger employees committed similar infractions as the plaintiff, and did not suffer significant disciplinary action, an Illinois federal district court denied an employer’s summary judgment motion....more

D.C. One Step Closer To Providing Employees Up To 8 Weeks Of Paid Leave

As we previously reported, in December 2016 the D.C. Council passed the Universal Paid Leave Amendment Act of 2016 (the “Act”). If it becomes law, the Act will provide all full and part time private sector workers in D.C....more

The District of Columbia Passes the Nation’s Most Expansive Paid Family and Medical Leave Law

On February 15, 2017, District of Columbia Mayor Muriel Bowser announced that she will not veto the Universal Paid Leave Amendment Act of 2016 (Bill 21-415) (“Act”), previously passed by the D.C. Council on December 22, 2016....more

Breaks and Flexible Hours Not a Reasonable ADA Accommodation for Frequently Absent Employee, Court Holds

Employers can easily feel overwhelmed when it comes to enforcing employee attendance standards while providing reasonable accommodation to employees with chronic health conditions. Increasingly, however, court decisions such...more

Beware What You Share – Disclosure of Medical Information Results in Retaliation and Interference Claims

A United States District Court in Florida thwarted an employer’s attempt to toss the FMLA claims of an employee who sued after his medical condition was disclosed to co-workers who subsequently made fun of him. The employee...more

Latest Developments from the Connecticut General Assembly: February 16th Public Hearing (Wage/Hour and Leave)

On Thursday, February 16, 2017, the General Assembly’s Labor and Public Employees Committee will conduct a public hearing on the following proposed bills, many of which concern “wage and hour” and leave issues (and some of...more

Weighty Issues: Obesity And The But-For Test Under The ADAAA

Obesity is still a hot topic both in our health conscious culture and in our courtrooms where we continue to see ADAAA claims based on the notion that an employer fired an employee because the employee was obese. After the...more

An Employee Fails to Return from Leave As Originally Scheduled—Has That Employee “Voluntarily Resigned”?

What are employers to do if an employee has not provided a doctor’s note to continue his or her leave and the initial end date for that leave has passed? When can employers deem such an employee to have “voluntarily...more

2017 Indiana Legislative Update: Employment Law Bills to Watch

The Indiana General Assembly returned for its 2017 session on January 3, 2017. While the budget is a central focus this year, there are many employment-related bills that have been introduced that could have a significant...more

[Event] Stay Ahead: Nossaman's 2017 Emerging Employment Issues Seminar - Feb 8th, 9th,15th & 16th - Four California Locations

Please join us for this complimentary presentation on cutting-edge employment law issues. California and federal employment laws are constantly developing and evolving so it is essential for human resource professionals and...more

Can FMLA Leave Ever Be Used for the Flu?

The flu season has begun. According to the Connecticut Department of Public Health’s weekly updates, influenza activity is rapidly increasing in Connecticut and throughout the region. Since the flu is contagious, employees...more

Nip/Tuck Leave: When Employees Take Leave for Elective Procedures

Seyfarth Synopsis: Employers are usually mindful of the many laws governing employee medical leaves and how they interact. But what about accommodation for non-medically necessary leaves? This post discusses the basics of...more

Employer Violates FMLA for Failure to Provide Calculation of When Leave Expires, Court Rules

In a case reminding employers of their obligation to notify employees about their Family and Medical Leave Act rights, the District Court of New Jersey has ruled that an employer violated the FMLA when it terminated an...more

D.C. Council Advances Expansive Family and Medical Leave Bill

On December 20, 2016, in a 9-4 vote, the Washington, D.C. Council passed bill B21-0415, The Universal Paid Leave Act of 2015. The bill will establish a universal paid leave system for individuals who work in the District of...more

District of Columbia Passes Expansive Paid Leave Law

After more than a year of debate, on December 20, 2016, the District of Columbia Council voted to create one of the most generous paid leave laws in the country. DC now joins California, New Jersey, New York and Rhode Island...more

4th Circuit Bounces Bank's Request to Dismiss Manager's FMLA Case

In a relatively recent decision, the U.S. Court of Appeals for the 4th Circuit (whose rulings apply to all South Carolina employers) found that an employer's faulty notice to an employee about his rights under the Family and...more

Penske and the warehouse manager: Logistics of FMLA interference

FMLA Rights - Discrepancies and dishonesty - Kris Olson was a warehouse manager for Penske Logistics. After 12 years with the company, he received his first formal disciplinary notice in January 2014. He was given...more

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