News & Analysis as of

Medical Leave Family Medical Leave Act

Is Never Returning to Work a Reasonable Accommodation? Fifth Circuit Says No

On March 15, 2017, in Moss v. Harris County Constable Precinct One, the Fifth Circuit Court of Appeals reaffirmed that an employer is not required to accommodate an employee who is requesting indefinite leave as a reasonable...more

Manager's Thoughtless Comment Resurrects Poor Performer's FMLA Claims

by Franczek Radelet P.C. on

There may not be a more toxic combination in the land of Human Resources: a poorly performing employee and an untrained boss who just can’t keep his mouth shut. ...more

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

by Seyfarth Shaw LLP on

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

by Payne & Fears on

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

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

by Holland & Knight LLP on

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

by Jackson Lewis P.C. on

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

by Morgan Lewis on

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

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

by Epstein Becker & Green on

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

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

by Jackson Lewis P.C. on

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

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

by Jackson Lewis P.C. on

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

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

by Seyfarth Shaw LLP on

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

by Jackson Lewis P.C. on

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

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

by McNair Law Firm, P.A. on

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

by Kirton McConkie PC on

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

An Example of the Interplay Between State and Federal FMLA

Any Connecticut employer with more than 50 employees is subject to both the state and federal Family and Medical Leave Acts. The key provisions of the two laws are nearly identical, with one significant exception: the...more

Fifth Circuit Flips Grant Of Summary Judgment Against EEOC in ADA Case

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In an ADA action regarding disability discrimination, the Fifth Circuit reversed a District Court’s grant of summary judgment in favor of the employer and against the EEOC, noting that even though the...more

Morbidly Obese Employee Entitled to Leave of Absence As Reasonable Accommodation

by Murtha Cullina on

A case decided by a Massachusetts Commission Against Discrimination Hearing Officer on September 21, 2016 serves as a reminder that, even if an employee is not entitled to paid time-off, granting leave for medical reasons may...more

Kiss Your Retaliation Suit Hello: Company Faces Trial after Changing Explanation for Firing

by Zuckerman Spaeder LLP on

When an employee brings a lawsuit alleging that his employer retaliated or discriminated against him, courts typically assess the claim by using a burden-shifting approach. Under this approach, after the employer offers a...more

FMLA FAQ: Must an Employer Accept FMLA Medical Certification from an Online Health Care Provider? And What If It's an LCPC?

by Franczek Radelet P.C. on

Q: Our employee is trying to support his need for FMLA leave with medical certification from an online health care provider. Is this valid under the FMLA? And What if It’s a Licensed Clinical Professional Counselor? A:...more

Drawing the Line on Leave Policies for Employees With Disabilities

by BakerHostetler on

Within the past three months, the U.S. Equal Employment Opportunity Commission (EEOC) has secured nearly $9 million from companies that have committed violations of the Americans with Disabilities Act (ADA) by discriminating...more

Medical Leave as a Reasonable Accommodation under the ADA: How Far Must an Employer Go?

by Baker Donelson on

On May 9, 2016, the EEOC released further guidance on the provision of medical leave as a reasonable accommodation under the ADA. While the guidance reiterates the Commission's previous position that employers must consider...more

ADA Allows Employer to Reduce Employee to Part-Time Status After Return From Medical Leave

Here is a common human resource scenario: An employee goes out of work on medical leave. While she is away from work, the managers or co-workers who cover her duties discover that the work can be readily accomplished without...more

New York and San Francisco Approve Mandatory Paid Family Leave

by McDermott Will & Emery on

In Depth - Both the State of New York and the City of San Francisco recently adopted significant mandates guaranteeing paid family leave to eligible employees. New York now becomes one of four states mandating paid...more

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