News & Analysis as of

Employee fired for failing to cooperate with FMLA leave approval process

Managing employees’ FMLA leave can be one of the most challenging and frustrating responsibilities for an HR department. So what can an employer do when an employee is slow to provide documentation and respond to exam...more

Ninth Circuit Approves Employees' Right to Strategically Decline FMLA Leave In Escriba v. Foster Poultry Farms

Under the Ninth Circuit’s recent holding in Escriba v. Foster Poultry Farms, Inc., 743 F.3d 1236 (9th Cir. 2014), many employees now have greater flexibility to extend family and medical leave beyond the typical 12-week limit...more

Obama Administration Announces Proposed Rule Extending FMLA Leave Rights for Same-Sex Couples

President Obama plans to announce today a proposed rule that would allow an employee to take FMLA leave to care for a same-sex spouse, regardless of whether the employee lives in a state that recognizes their marital status. ...more

Are Inflexible Leave Policies Lawful After All? One Court Leaves Employers Salivating

When it comes to leave as a reasonable accommodation after FMLA leave is exhausted, employers have been conditioned to simply believe: inflexible leave policies bad, flexible leave policies good. ...more

Managing Employee Medical Leave: How Much Leave Is Reasonable?

To date, there are few bright line rules to guide employers in determining how much leave is reasonable under the Americans with Disabilities Act (ADA). Further, employers sometimes mistakenly assume that if an employee has...more

50 for 50: Five Decades of the Most Important Discrimination Law Developments - Number 12: The FMLA Becomes Law In 1993

Just over twenty years ago, employees who needed to take time off work for an extended period to tend to their own or family members’ health had no national law guaranteeing they could take a leave of absence with the comfort...more

Paternity Leave Up To Bat: What Employers Should Know To Avoid Striking Out

Paternity leave is back in the spotlight after New York Mets second baseman, Daniel Murphy, decided to take his contractually guaranteed three days of paternity leave for the birth of his son—a decision which resulted in his...more

Can An Employee Decline FMLA Leave Even Though The Absence Is Covered By The Act?

What do you do when one of your employees has informed you of what clearly is an FMLA-triggering event (she needs to care for her dad who is seriously ill in the hospital), but then tells you she doesn't want the absence...more

Workers May Choose Vacation or FMLA Leave

In 2007, Maria Escriba requested and received two weeks of vacation from her employer to travel to Guatemala to care for her ailing father. When Escriba did not return to work at the end of her leave, the employer discharged...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

Vegas vacation protected by the FMLA

Last month, in Ballard v. Chicago Park District (Case No. 13-1445, 7th Cir. 1/28/14), a federal court of appeals addressed whether an employee was eligible for FMLA leave while vacationing in Las Vegas with her terminally ill...more

Vegas and the FMLA: 7th Circuit Creates Split on FMLA Leave Issue

On January 30, 2014 the Seventh Circuit Court of Appeals held that an employee's trip to Las Vegas with her terminally ill mother qualified as FMLA leave, affirming the decision of the district court in Ballard v. Chicago...more

New Jersey "Sandy" Law Preserves Employee Eligibility for Leave and Benefits

To be eligible for leave under New Jersey's Family Leave Act (FLA) or the Security and Financial Empowerment Act (SAFE Act), an employee must have been employed for at least 12 months and have worked at least 1,000 base hours...more

State Department of Labor Issues Notice of Intent to Adopt New Paraprofessional FMLA Regulations

It may seem like a distant memory at this point, but as you may recall, in May of 2012, the General Assembly passed, and Governor Malloy signed, a new law (Public Act 12-43, now codified at Conn. Gen. Stat. § 31-51rr that...more

Effectively managing absences under the FMLA (Presentation)

In This Presentation: - Effective and Compliant Policies An attendance policy should establish the employer’s expectation that regular attendance is required for the success of the business and to ensure...more

Is An “Unlimited” Leave Policy Good Business For You?

A growing number of businesses are considering “unlimited” leave policies for their exempt employees. Unlimited leave policies are excellent recruiting and retention tools that can foster a culture of trust and productivity...more

New Year Means New Laws for Public Employers in California

Like death and taxes, new employment laws are inevitable with each new year. In 2014, public employees are facing a bevy of new laws, including those that address leave, discrimination and retirement benefits and those that...more

Employment Law Litigation Trends: How Your Nonprofit Can Avoid Common Family and Medical Leave Lawsuits

In this presentation: - Litigation Trends Under Family-Oriented Employment Laws - Tips for Minimizing the Risk of Litigation - Questions - Excerpt from Tips for Minimizing the Risk of...more

FMLA FAQ: Can Excess Trips To The Potty Be Counted As FMLA Leave?

Q: One of our employees drinks a lot of water at work and goes to the bathroom continuously throughout the day. As a result, she uses far more than her normal breaks allow. ...more

RI Increased Employee Absences (and Headaches) due to the 2014 Temporary Caregiver Leave Law

Effective January 1, 2014, all Rhode Island employers must allow their employees four (4) weeks of time off per year under the Temporary Caregiver Insurance (“TCI”) Law. Like Temporary Disability Insurance ("TDI"), the...more

What Should an Employer Do When It Suspects an Employee of Intermittent FMLA Abuse?

Employers, does this situation sound all too familiar: that one little elf who has been approved for intermittent FMLA leave and the condition seems to “flare up” at the most suspect times (every Monday and Friday; after a...more

Retail Industry Update, No. 4, December 2013: New Year's Resolutions: Five Areas Of Focus For 2014

The Affordable Care Act has dominated the headlines of employment newsletters (justifiably) for the last six months. It will continue to be an area of focus for all employers. But don’t lose sight of the fact that all the...more

More Confusion Likely Over California's "Paid Family Leave"

Earlier this year Gov. Brown signed into law an expansion of the state's "paid family leave" benefit. While the new law does not become effective until July 1, 2014, already media outlets have reported that employees will...more

’Tis the Season To Review Holiday Pay Practices & Employee Requests for Time-Off

With Thanksgiving coinciding with Hanukkah this year and Christmas fast-approaching, employers should review carefully their obligations regarding requests for time-off and holiday pay practices. Specifically, the latter...more

FAQ: What Employers Need To Know About Portland Paid Sick Leave

Beginning January 1, 2014, Portland, Oregon will require most employers to offer paid sick leave to their employees. The following list of Frequently Asked Questions will help employers get up to speed with the ordinance and...more

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