Family Medical Leave Act

The Family Medical Leave Act is a United States federal statute enacted in 1993 to protect employees from negative employment consequences associated with family illness. The FMLA allows covered employees to take... more +
The Family Medical Leave Act is a United States federal statute enacted in 1993 to protect employees from negative employment consequences associated with family illness. The FMLA allows covered employees to take up to twelve weeks of unpaid, job-protected leave, in order to care for a qualified family member or address a personal medical issue.   Situations covered under the Act include: birth of a child and care of a newborn; placement of an adopted or foster child; serious illness of an employee's spouse, child or parent;  serious illness of the employee that affects ability to perform his/her job; situations arising out of an employee's spouse, child or parent's active military service. Employees who take leave to care for a seriously injured family servicemember are eligible for longer periods of covered leave.  less -
News & Analysis as of

Navigating complex post-pregnancy leave and restrictions

When Congress passed the Pregnancy Discrimination Act (PDA), the Americans with Disabilities Act (ADA) and the Family and Medial Leave Act (FMLA), it considered them as needed protections for clear-cut situations. For...more

Same-Sex Marriage Issues for Employers

In the case of Searcy v. Strange, 2015 WL 328825 (S.D. Ala Jan. 25, 2015), the federal Court for the Southern District of Alabama held that Alabama's ban on same-sex marriage is unconstitutional. Alabama news headlines have...more

Get ready for new CFRA Regulations effective July 1, 2015

New amendments to the California Family Rights Act (CFRA) Regulations will take effect on July 1, 2015. Details regarding these amendments are below, but, in short, employers will need to: - revise their policies and...more

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

Quirky Question #259, The FMLA and the ADA: Joined at the Hip

Question: I work in my company’s HR department and we just had an employee ask for additional time off, even though we’ve already given the employee a bunch of time off we are required to under the FMLA. I wanted to...more

The ‘interactive process’ for handling work restrictions during pregnancy

Our first segments in our six-part series on pregnancy in the workplace focused on how the ADA, FMLA and PDA apply in the workplace to employees before, during, and after pregnancy and child birth. In this segment, we narrow...more

Timing of termination creates question of fact in association discrimination case

In employment law, including association discrimination cases, timing is everything. When Terry Booker was fired from his job of 22 years at Delfasco, a manufacturing facility in Greene County, Tennessee, in March 2012,...more

New York Employment Roundup: March & April 2015

Today’s New York employment law landscape is increasingly dynamic, with a constant stream of newly issued legislation and judicial opinions. To keep our readers current on the latest developments, we will share regular...more

New CFRA Regulations Provide Clarification on Leaves of Absence

New California Family Rights Act (“CFRA”) regulations become effective on July 1, 2015. The regulations provide needed clarification and bring the CFRA more closely in line with the federal Family and Medical Leave Act...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

DOL Rule Redefining “Spouse” Under the FMLA on Hold in Several States

On Feb. 25, 2015, the U.S. Department of Labor (DOL) promulgated a final rule that, effective March 27, modified the federal Family and Medical Leave Act’s (FMLA) definition of “spouse” to extend the FMLA’s protections to...more

All Legally Married Same-Sex Couples Now Covered Under FMLA

Effective March 27, 2015, the Family and Medical Leave Act, or FMLA, will extend coverage to all legally married same-sex couples to take FMLA leave to provide care for their spouse. FMLA leave entitles eligible employees, as...more

JAMS Employment Matters Newsletter, Spring 2015

In This Issue: - You Can’t Fire Me... I’m on FMLA - The Rise in Pregnancy-Related Employment Discrimination Claims - Addressing Emotions That Drive Disparate Views of Fairness - Unpaid Interns Gain...more

Amendments to CFRA Regulations Provide Some Clarity to Employers

The California Fair Employment and Housing Council (FEHC) has issued amended regulations clarifying the California Family Rights Act (CFRA). The amendments will go into effect on July 1, 2015, and are intended to clarify...more

New DOL Rule Redefining “Spouse” Temporarily Placed on Hold

A new Department of Labor rule defining “spouse” for purposes of the Family and Medical Leave Act (“FMLA”) was to take effect March 27, 2015, but on March 26, a federal judge in Texas granted a preliminary injunction staying...more

Eighth Circuit Says Effects of Obesity on Kidney Functions Not FMLA Serious Health Condition

Federal courts rarely hear litigation over the question of whether an employee’s medical condition rises to the level of a Serious Health Condition (SHC) under the Family and Medical Leave Act. The bar for demonstrating a SHC...more

3 real world examples of pregnancy challenges in the workplace

Question 1: After recovery from child birth, if an employer provides an additional four weeks of leave time (paid or unpaid) for a female employee for parenting or bonding time with the child, must the employer treat...more

11th Circuit Upholds Bar on Claims by Jail Officer with Cancer

The Eleventh Circuit recently held that an officer at a county jail in Florida who was undergoing treatment for cancer cannot proceed with her Americans with Disabilities Act ("ADA") claim because she failed to identify a...more

Applying for Other Jobs Kills an Employee's Stress-related Reasonable Accommodation Claim

A Southern District of Texas court recently issued an opinion which shows that an employee may take actions during a leave under the Family Medical Leave Act (FMLA) which preclude any future reasonable accommodation claim...more

New CFRA Regulations Become Effective July 1, 2015

Managing employee leaves of absence and navigating the minefield of leave laws are key issues for every employer. Following a series of significant changes to the federal regulations implementing the Family and Medical Leave...more

Plaintiff Alleges Violation of FMLA for Being Required to Show Mastectomy Scars Before Returning to Work

In a Complaint recently filed in a Florida federal court (Andrea Santiago v. Broward Health), social worker Andrea Santiago alleged that her employer, Broward Health, violated the FMLA when it refused to waive a policy...more

DOL to Enforce Same-Sex Spouses FMLA Regulation In All But Four States

In our previous post, Same-Sex Marriage Partners Now Covered by FMLA, we reported on the final FMLA rule that expanded the definition of “spouse” under the FMLA to include employees in legal same-sex marriages. ...more

DOL Will Not Enforce Final FMLA Regulation Regarding Same-Sex Spouses in Four States

Last week, I reported that a federal district court in Texas had halted the DOL’s enforcement of its final rule that would allow employees to take FMLA leave for their same-sex spouse. ...more

Texas Judge Blocks FMLA Same-Sex Spouse Rule in Four States

The Department of Labor’s same-sex spouse rule under the Family and Medical Leave Act was supposed to go into effect on March 27. At the 11th hour, however, a federal judge in Texas stepped in and preliminarily enjoined...more

Is Asking Employees to Do a Small Amount of Work During FMLA Leave a Form of Interference?

There’s an interesting story that’s been in the news recently regarding what the limitations are for employers when their employees go on FMLA leave. The Family and Medical Leave Act allows employees who meet certain...more

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