Unpaid Leave

News & Analysis as of

Court Upholds Employer’s Inflexible Leave Policy

The U.S. Equal Employment Opportunity Commission (EEOC) has filed a number of lawsuits against companies with inflexible leave policies, claiming the policies are discriminatory under the Americans with Disabilities Act...more

Persuading Employee to Work Rather than Taking Unpaid Leave May Result in FMLA Violation

The Family and Medical Leave Act ("FMLA") requires employers to provide eligible employees with up to twelve weeks of unpaid leave to care for a newborn child (among other reasons), and to offer reinstatement to the employee...more

An Estimate is Just That - The Seventh Circuit Highlights Several Important Lessons for Employers Navigating Intermittent FMLA...

The U.S. Court of Appeals for the Seventh Circuit recently ruled on two important intermittent Family and Medical Leave Act (FMLA) leave issues in Hansen v. Fincantieri Marine Group. First, the court determined that the FMLA...more

Effective Immediately: Employers Required to Grant Employees Domestic Violence Leave

What you need to know: Massachusetts Governor Deval Patrick recently signed a law, effective immediately, that requires employers with 50 or more employees to grant up to 15 days of leave from work if an employee or a...more

Domestic Violence Leave Becomes Law in Massachusetts

Massachusetts Governor Deval Patrick signed into law An Act Relative to Domestic Violence on August 8, 2014.This far-reaching law, which institutes reforms throughout the criminal justice system, mandates that all public and...more

Back to School! Employers: Are You Ready for School-Related Leave for Parents?

The lazy days of summer are behind us this month as many children head back to school. Employers of parents with school-aged children should review California’s laws, which provide certain rights to employees to take time off...more

Domestic Violence Leave Now Mandated in Massachusetts

On August 8, 2014, Massachusetts Governor Deval Patrick signed sweeping new legislation in the area of domestic violence—M.G.L. c. 260 entitled “An Act relative to domestic violence.” The new law is effective immediately and...more

Massachusetts Enacts Domestic Violence Leave for Employees

On August 8, 2014, Governor Deval Patrick signed into law a bill relating to domestic violence. Among other provisions, the law creates a new category of job-protected leave for employees. Massachusetts employers with 50 or...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

Employers May Require Exempt Employees to Use Accrued Leave for Absences Shorter Than Half a Day

On July 21, 2014, a California Court of Appeal held that overtime exempt status is not undermined by requiring employees to use accrued leave for absences of less than half a day. ...more

Employee's Failure To Follow Call-In Procedures Dooms FMLA Claims

Managing intermittent FMLA leaves is often challenging for employers. However, a recent case reinforces the requirement that employees must comply with reasonable call-in procedures to report FMLA absences. Following a recent...more

Extended Leave Not a Reasonable Accommodation under the Rehabilitation Act, 10th Circuit Holds

A recent appellate court ruling may affect the ability of the Equal Employment Opportunity Commission (EEOC) to challenge "inflexible" employer leave policies, policies that result in the termination of employees who are...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

EEOC Sues EZEFLOW USA for Disability Discrimination

Pipe Fittings Manufacturer Fired a Veteran With PTSD Instead of Giving Him Brief Unpaid Medical Leave as a Reasonable Accommodation, Federal Agency Says - PITTSBURGH - EZEFLOW USA, a pipe fittings manufacturer,...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

Washington Grants Public Employees Two Days Off Per Year for Reasons of Faith or Conscience or Organized Religious Activities

In recognition that the holiday calendar for many religions is based on the lunar calendar rather than the Gregorian calendar, the Washington State Legislature recently amended the statutory definition of “Legal holidays and...more

Don’t Forget Your Employees On Leave

Do you have an employee on long-term leave with a right to reinstatement? Is your business being acquired or bought out? Make sure you keep the employee in mind!...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

Governor Signs Bill Aiming To Count Time Missed Due To A State Of Emergency In Determining Eligibility For Certain Leave Benefits

In the November 2013 issue of the New Jersey eAuthority, we reported on a bill (S2996) seeking to expand eligibility for state leave and disability benefits for employees who have been laid off or furloughed due to a declared...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

District of Columbia Greatly Expands Paid Sick Leave Coverage, Enforcement, and Penalties with Amendments to the Accrued Sick and...

The District of Columbia is poised to implement sweeping new amendments to the Accrued Sick and Safe Leave Act of 2008. The amendment, entitled the Earned Sick and Safe Leave Amendment Act of 2013 (the "Act"), has been...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

Trying to Reason with Blizzard Season: Employers, Employees, and Inclement Weather in the Southeast

In January, a “once-in-a-generation” winter storm hit the southeastern United States. The temperature dropped to record lows while snow and ice paralyzed our cities and towns. Schools across the region were closed, with...more

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