News & Analysis as of

Employee Rights Family and Medical Leave Act (FMLA) Unpaid Leave

Most countries provide some degree of workplace protection for employees and job applicants. Depending on the jurisdiction, these protections generally include safety precautions and policies, anti-discrimination... more +
Most countries provide some degree of workplace protection for employees and job applicants. Depending on the jurisdiction, these protections generally include safety precautions and policies, anti-discrimination policies, collective bargaining and unionizing rights, meal and rest requirements, minimum wage rules, and medical and family leave rights to name a few. In the United States, the federal framework for employee rights stem from statutes such as the Fair Labor Standards Act (FLSA), Americans with Disabilities Act (ADA), National Labor Relations Act (NLRA), Title VII of the Civil Rights Act, and the Family Medical Leave Act (FMLA). In addition, employee rights statutes are implemented and enforced by regulatory authorities such as the EEOC, NLRB, OSHA, and the Department of Labor. Further, many state and local governments provide additional and localized protections for employees that are enforced by local regulatory entities. less -
Lerch, Early & Brewer

Maryland Law Provides Protected Organ and Bone Marrow Donation Leave – Do Your Policies to Comply?

Lerch, Early & Brewer on

Effective October 1, 2019, employers with 15 or more employees in Maryland must provide eligible employees with unpaid leave to serve as organ or bone marrow donors. Leave provided under the law is separate from, and cannot...more

Fisher Phillips

An Employer’s Guide to Workplace Protections for Abortion-Related Decisions

Fisher Phillips on

Employers likely have questions about abortion-related employment protections and healthcare benefits after Friday’s SCOTUS controversial decision that overturned Roe v. Wade. Given the ruling, people in states with strict...more

Dentons

Let’s Talk About Grief: Bereavement Policies in the Evolving Workplace

Dentons on

Grief and bereavement leave are complex issues for many employers. Employers may have defined bereavement policies of 3 to 5 days for leave while the fallout from the death of a loved one can rarely be encapsulated in a...more

Fox Rothschild LLP

Understanding California’s New Parent Leave Act

Fox Rothschild LLP on

Thanks to Rosa Hernandez, a summer associate and soon-to-be 3rd-year student at UC Berkeley Law School for this post. Be honest, you’re getting sick of quarantine with your kids right? It’s okay, we won’t tell anyone....more

Jackson Walker

Is There Anything Improper About Taking a Vacation During FMLA Leave?

Jackson Walker on

While posting vacation photos on Facebook during a leave under the Family and Medical Leave Act (FMLA) is probably not a stellar idea, the question of whether an employee can take a vacation during FMLA leave may not be so...more

Verrill

HR Law 101 Ep. 10: Are You Aware of the Family Medical Leave Act? Part 1

Verrill on

In this episode of our HR Law 101 series, attorney Tawny Alvarez discusses the Family Medical Leave Act or FMLA. In part 1, we discuss the federal act generally, including who it is applicable to, what rights an employee has,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Untangling Complex Leave Issues – Part I

In the first episode of this two-part series, John Stretton and Rachel Mandel discuss the complexities surrounding the Family and Medical Leave Act and the Americans with Disabilities Act, including the interplay between the...more

Zuckerman Spaeder LLP

Bakery Says Employee’s FMLA Claims Don’t Rise to the Occasion

Zuckerman Spaeder LLP on

Under the Family Medical Leave Act (“FMLA”), employers are required to provide 12 weeks of unpaid leave to employees with certain family or medical issues. These issues include attending to serious health conditions that make...more

Constangy, Brooks, Smith & Prophete, LLP

FMLA Quirks Quiz!

Here is a quiz about some of the quirkier aspects of the Family and Medical Leave Act. How much do you know about these FMLA oddities? Unless otherwise indicated, you can assume that all of our hypothetical employers are...more

Jackson Lewis P.C.

Congress Proposes Adding Parental Bereavement Leave to FMLA

Jackson Lewis P.C. on

On March 16th, a bipartisan group of Representatives, which included Paul Gosar, Don Beyer, Martha McSally, Brad Schneider, Tom Suozzi and Barbara Comstock, introduced the Parental Bereavement Act of 2017, also known as the...more

Laner Muchin, Ltd.

Illinois Child Bereavement Law Given Immediate Effect

Laner Muchin, Ltd. on

On July 29, 2016, Illinois enacted the Child Bereavement Leave Act (Act), which took immediate effect. The Act expands leave protections for Illinois employees by providing up to 10 work days of unpaid bereavement leave upon...more

Littler

Illinois Increases Protected Leaves for Employees

Littler on

Just two months after Chicago became the second city in the Midwest to require employers to provide paid sick leave, Illinois has enacted three laws that entitle employees to additional protected leaves.  The Child...more

Seyfarth Shaw LLP

New Illinois Law Requires Unpaid Child Bereavement Leave

Seyfarth Shaw LLP on

Seyfarth Synopsis: Illinois enacts child bereavement leave, requiring employers provide paid leave should an employee experience the loss of a child. On July 29, 2016, Illinois became one of only two states (the other...more

Weintraub Tobin

California Legislature Moves Closer to Expanding the Family Rights Act

Weintraub Tobin on

On June 24, 2015 California’s Senate Bill 406 was passed by the Senate and has been sent to the Assembly Committee on Appropriations. If passed this bill would implement changes to the California Family Rights Act (“CFRA”). ...more

Dechert LLP

Updating Our Understanding of the FMLA

Dechert LLP on

In employment law, a very hot topic continues to be the issues surrounding the Family and Medical Leave Act (FMLA) which entitles eligible employees of covered employers to take unpaid, job-protected leave for specified...more

Foley & Lardner LLP

ERISA’s “Overlapping Fields of Fire” Preempt Wisconsin’s Family and Medical Leave Act

Foley & Lardner LLP on

Wisconsin’s Family and Medical Leave Act (“WFMLA”), requires that employers allow employees six weeks of unpaid leave following “[t]he birth of an employee’s natural child,” and that employers allow an employee to substitute...more

Akerman LLP - HR Defense

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

Littler

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

Littler on

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

McAfee & Taft

Employee fired for failing to cooperate with FMLA leave approval process

McAfee & Taft on

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

Franczek P.C.

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

Franczek P.C. on

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

Obermayer Rebmann Maxwell & Hippel LLP

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

Obermayer Rebmann Maxwell & Hippel LLP

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

McAfee & Taft

Vegas vacation protected by the FMLA

McAfee & Taft on

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

Proskauer Rose LLP

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

Proskauer Rose LLP on

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

Smith Anderson

Effectively managing absences under the FMLA (Presentation)

Smith Anderson on

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

30 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide