News & Analysis as of

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

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

Paid to Watch T-Ball? Proposed Amendments to Family Medical Leave Act Say Yes

Recently proposed legislation would amend the FMLA to require employers to provide unpaid leave for parental involvement and family wellness. These new proposed amendments would require employers to grant up 24 hours of...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

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

A Triple Dog Dare: Take These Five Steps In 2014 To Drastically Improve Your FMLA Compliance

So here's my Top Five "Fix it or Else" List when it comes to leave management in 2014. How many can you cross off your list by March? Come on, I triple dog dare you...more

Quirky Question # 215, Are Capped Vacation Plans Now Disfavored And Should My Company Switch To An Unlimited Vacation Plan?

We have a new CFO who is upset by the huge amount of accrued vacation we have to carry on the books. We have a cap of two times the annual accrual. He says most high tech companies like ours have unlimited vacation plans and...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

2013 Legislative Developments - Reference Guide

In this Reference Guide: - Wage/Hour Legislation - Prevailing Wage Legislation - Anti-Retaliation Legislation - Employee Leave Legislation - Discrimination/Harassment Legislation -...more

Benefits Update, No. 4, November 2013: The World Post-Windsor: Rethinking Benefit And Leave Policies For Same-Sex Spouses

Following a highly-publicized U.S. Supreme Court decision and subsequent guidance from both the Labor Department (DOL) and the Internal Revenue Service (IRS), employers need to rethink how they treat same-sex spouses under...more

FMLA FAQ: My Employee Took A Whole Lot Of Leave Last Year. Is He Even Eligible Now For FMLA Leave?

Q: We have an exempt, managerial employee who in this past year took all 12 weeks of FMLA leave, and six additional weeks of unpaid leave. He also was intermittently absent for digestive problems to the tune of about four...more

Ways Employers Can Derail The FLMA-Leave Abuse Train

As the holiday season draws near, employers are likely to see an increase in employee requests for time off. Employers should carefully monitor employees who are on or seeking leave under the Family and Medical Leave Act...more

New York State’s Highest Court Confirms that a Request for Indefinite Leave May Constitute a Reasonable Accommodation Under the...

The New York Court of Appeals – New York’s highest court – is out with a new decision this week addressing our favorite statutory friend (foe?), the New York City Human Rights Law – this time in the context of a disability...more

Can Employer Who Has Granted Employee's FMLA Request Dispute Employee's FMLA Eligibility?

An employee sends an email to her manager requesting FMLA leave to care for her father "while he deals with issues surrounding his terminally ill brother." The supervisor writes back, "Approved," and the employee takes...more

Employment Newsletter - March 2013: Recent Federal District Court Case Highlights the Importance of “Individual” FMLA Notices to...

The New Jersey U.S. District Court has held that providing a general notice of employee rights and responsibilities under the FMLA may not be enough to avoid liability even where an employee has received all required leave...more

Forced Leave – No Violation

An employer thought one particular employee was obviously unwell. The employer placed her on FMLA leave and required her to get certification of fitness to return to work. The first doctor released her to work. A second...more

What Pink Floyd Can Teach Employers About FMLA: Enforce Call-In Procedures And Insist Upon Facts Supporting Need For Leave

Hello...hello...hello...is there anybody in there? Just nod if you can hear me. Is there anyone home? Have your employees have become so evasive in their requests for medical leave that you feel like signing Pink...more

When An Employee Returns From FMLA Leave, What Does Same Or Equivalent Position Actually Mean?

Do you know what's particularly oppressive about the FMLA? [You: Jeff, everything about the FMLA is oppressive!] The requirement that an employer return an employee to the same or equivalent position at the end of FMLA...more

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