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On March 19, 2024, in Cerda v. Blue Cube Operations, LLC, the U.S. Court of Appeals for the Fifth Circuit affirmed a district court’s grant of summary judgment for an employer, finding that the employee’s acts of informing...more
Imagine you are a busy HR manager or business owner approached in the hall by employee Beth while you are between meetings. Beth briefly mentions a need for “possibly getting FMLA for my dad.” You nod at Beth and go on to...more
Manufacturers rely on consistent employee attendance to operate production lines and meet critical delivery deadlines to customers. The best-laid production plans can be disrupted by employee absences leaving a gap in the...more
On Thursday, November 9, 2023, the Chicago City Council voted to approve a new paid time off ordinance, the “Chicago Paid Leave and Paid Sick and Safe Leave Ordinance.” This new ordinance replaces the Chicago Paid Sick Leave...more
More than four years since the passage of Oregon’s Paid Family Medical Leave Act into law, paid leave benefits will finally be available to Oregon employees starting September 3, 2023. Applications for benefits, toolkits and...more
Effective January 1, 2023, the Massachusetts Department of Family and Medical Leave (DFML) rolled out important updates to the Massachusetts Family and Medical Leave (PFML) law. Employers should be mindful of updates to...more
A new bill signed by New York Governor Kathy Hochul on December 16th requires employers to make mandatory workplace postings available electronically. The law goes into effect immediately....more
Intermittent medical leave requests under the Family and Medical Leave Act (FMLA) present some of the most vexing legal and business challenges for employers. The unpredictability of these absences can create scheduling and...more
A federal appeals court just ruled that an employee had provided sufficient notice for his need for intermittent FMLA leave and subsequent absences due to “flare ups” of recurrent depression – even though he had only provided...more
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
Based on our experience advising hundreds of employers and closely watching court rulings on cases around the country, we offer a few tips for complying with the Family and Medical Leave Act (FMLA)....more
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
The Fourth Circuit Court of Appeals (which governs South Carolina) wrote in a recent case (called Roberts here) that an employee’s message to his supervisor over Facebook messenger might be enough to put the Company on notice...more
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
On August 15 in Roberts v. Gestamp W. Va., LLC, the Fourth Circuit Court of Appeals (which includes North Carolina, South Carolina, and Virginia) concluded that a jury must decide whether an employee’s Facebook message to his...more
Certain questions frequently arise in independent schools. With the following guidance in mind, independent schools may consider visiting (or revisiting) their policies and practices for the upcoming school year. ...more
Effective July 1, 2022, Connecticut employers are required to provide their employees with written notice describing their rights under the Connecticut Family and Medical Leave Act (“CT FMLA”) and the Connecticut Paid Leave...more
The West Virginia Supreme Court of Appeals (WVSCA) issued a new ruling in Fairmont Tool Inc. v. Opyoke, clarifying an employee’s burden of proof to sustain an interference claim under the Family and Medical Leave Act (FMLA)...more
The Family and Medical Leave Act (FMLA) requires employers with 50 or more employees to provide eligible employees with 12 weeks of unpaid, job-protected leave in a 12-month period. There are very specific eligibility and...more
During a Special Session on April 9, 2022, the General Assembly of Maryland overrode Governor Hogan's veto of the Family and Medical Leave Insurance Program (FAMLI Program), also known as the Time to Care Act of 2022 (the...more
Join FordHarrison St. Louis attorneys Karen Milner and Roy Smith as they discuss employer notice requirements and substantive obligations under the FMLA, ADA and worker’s compensation. Topics to be covered include: -...more
Most employers are familiar with the long-standing U.S. Department of Labor (DOL) requirement to post summaries of applicable federal labor and employment laws in the workplace. As a general matter, employers must place...more
Eligible employees of employers covered by the Family and Medical Leave Act (“FMLA”) are entitled to take up to 12 weeks of FMLA leave during the applicable 12-month period for family and medical reasons, and up to 26 weeks...more
Many employers are familiar with the employee notice obligations and other deadlines relating to FMLA leave, such as the obligation to give 30 days’ notice of a foreseeable need for leave, and to submit a completed medical...more
Employees can be held accountable for not complying with an employer’s call-in notice requirement, even when the Family Medical Leave Act (FMLA) may apply. In Koch v. Thames Healthcare Group, LLC, the employer had an...more