Paid Leave Family Medical Leave Act

News & Analysis as of

Are Your California Leave Policies Up to Date? New California Family Rights Act Regulations Take Effect July 1, 2015

The California Fair Employment and Housing Council recently issued new California Family Rights Act (“CFRA”) regulations that take effect July 1, 2015. The new revisions are intended to clarify confusing rules and align the...more

Massachusetts AG Issues Proposed Regulations Concerning Earned Sick Time

On November 4, 2014, Massachusetts voters passed a ballot initiative requiring that all employees be entitled to earn and use up to 40 hours of earned sick time in a calendar year. There were significant ambiguities in the...more

Employment Flash - March 2015

In This Issue: - Supreme Court Rejects Sixth Circuit Yard-Man Vested Benefits Presumption - Supreme Court Revives Pregnancy Discrimination Light Duty Case - NY Wage Theft Protection Act Amended - Senate...more

Fenwick Employment Brief - March 2015

Recent Cases Provide Helpful Reminders Regarding Best Practices (and Pitfalls) with Employment Arbitration Clauses - Scrutiny of mandatory, pre-employment arbitration agreements continues before California state and...more

Paid Sick Leave Laws on the Rise

In his State of the Union address, President Barack Obama revealed his plans to expand on Family and Medical Leave Act (FMLA) protections by guaranteeing paid sick time for employees. Obama will start this initiative with...more

FMLA Could Save Your Job After Work Injury

If you work for an employer who employs more than 50 employees and you have worked sufficient hours to qualify for FMLA time (29 U.S.C.2601), you may want to ask that any time you are off work for your work injury be...more

Sixth Circuit Says Ineligible Employee May Still Enjoy FMLA Leave Rights Based on Estoppel Argument

The Family and Medical Leave Act only provides job protected leave rights to eligible employees. Among other eligibility criteria, an employee claiming entitlement to FMLA leave must work at a location with a minimum of 50...more

Employment Law - February 2015

No Class Action Waivers on PAGA Claims: With Cert Denial, California’s Iskanian Decision Stands - Why it matters: It’s official: The U.S. Supreme Court has declined to review the California Supreme Court’s decision in...more

Locke Lord QuickStudy: New Law Expands Parental Leave Rights In Massachusetts

On April 7, 2015, the Massachusetts Parental Leave Act will take effect. The Parental Leave Act, signed into law on January 7, 2015 by Massachusetts Governor Deval Patrick, expands parental leave rights for employees in...more

NJ Requires Many Notifications to Employees in 2015

As New Jersey employers ring in the new year, they should be mindful of the New Jersey Department of Labor’s notice distribution requirements. The DOL publishes several important notices which, in addition to posting, must...more

Massachusetts Adopts Legislative Reforms

The new legislation adds to employer requirements and now provides for sick leave, increased minimum wage, domestic violence victim leave, and unemployment changes....more

“You Want More Time Off?” – Dealing with Employees’ Medical Leave Requests Under the FMLA and ADA [Video]

The webinar will review the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act Amendments Act (ADAAA), focusing on the interplay between the two statutes and the differing employer and employee...more

Employment Flash - September 2014

In This Issue: - SEC Pays First Whistleblower Award to Audit and Compliance Professional - Supreme Court Allows Affordable Care Act Contraceptives Religious Exemption - EEOC Adopts New Pregnancy...more

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

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