News & Analysis as of

Family and Medical Leave Act (FMLA)

Constangy, Brooks, Smith & Prophete, LLP

You be the judge: Does this ADA plaintiff have a case?

Based on a real lawsuit. Names have been changed to protect the innocent. Facts may not be 100 percent accurate. PART ONE: Imagine you're the boss. You run a fast-food franchise, Flippin' Burgers. You hire Gwendolyn to...more

Holland & Hart - Employers' Lawyers

Work Absences for Fertility Treatments: Does FMLA Cover Them?

Question: We have an employee who is undergoing fertility treatments out of town and misses days sporadically. Do these absences fall under the Family and Medical Leave Act (FMLA)?...more

Amundsen Davis LLC

The Do’s and Don’ts of Intermittent Leave Under the Family and Medical Leave Act

Amundsen Davis LLC on

Intermittent leave can pose logistical issues for employers trying to ensure consistency in business operations. Family and Medical Act Leave Act (FMLA) leave is most often taken as "block leave"—i.e., uninterrupted days,...more

Benesch

Developments in AI Restrictions in the Workplace

Benesch on

Beginning January 1, 2026, Illinois employers must notify workers when using artificial intelligence (“AI”) to make employment-related decisions and could face regulatory enforcement and civil lawsuits if the deployment of AI...more

Stevens & Lee

Third Circuit’s Precedential Ruling Holds That Employers Are Not Obligated to Apply FMLA Entitlements Retroactively

Stevens & Lee on

On Oct. 11, 2024, the Third Circuit Court of Appeals filed a unanimous, precedential opinion affirming judgment as a matter of law in favor of Southeastern Pennsylvania Transportation Authority (SEPTA) in a Family and Medical...more

Constangy, Brooks, Smith & Prophete, LLP

Don't want an EEOC pregnancy lawsuit? Then DON'T do these 4 things.

Stuff's getting real. As many of you know, the U.S. Equal Employment Opportunity Commission is starting to sue employers who it claims are not complying with the reasonable accommodation requirements of the Pregnant Workers...more

Constangy, Brooks, Smith & Prophete, LLP

Managing Employee Leave Under the FMLA and ADA

Managing employee leave rights under the Family and Medical Leave Act and the Americans with Disabilities Act often leads to confusion and is fraught with legal pitfalls. Join Constangy attorneys Elysia Analo and Sarah Phaff...more

Littler

Littler Lightbulb: September Appellate Roundup

Littler on

This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month. Fourth Circuit Rejects ADA Claim of Employee Who Tested Positive for Illegal Drugs...more

Fisher Phillips

Open Enrollment Season in the Workplace: 5 Legal Considerations + Employer Takeaways

Fisher Phillips on

Open enrollment season can put a spotlight on the many complex rules applicable to employer-sponsored health and welfare plans. As you announce your benefit offerings for the upcoming plan year and tirelessly work to inform...more

Constangy, Brooks, Smith & Prophete, LLP

FMLA leave: 5 things this employer (allegedly) did wrong

Don't be this employer. (Allegedly.) Not long ago, I posted about an employer who won summary judgment in an FMLA case and noted five things that the employer did right, which helped it win. Sad to say, a decision came out...more

Verrill

Frequently Asked Questions (and Answers) Concerning Maine’s Paid FMLA Law

Verrill on

As we enter the fourth quarter and await the reveal of the state’s third iteration of revisions to the proposed rules governing the state’s Paid FMLA statute, what are some things all Maine employers (and employers outside of...more

Weintraub Tobin

Legal Updates and Trends in Employment Law: Key Insights

Weintraub Tobin on

In a recent presentation at the SHRM Northern California 2024 Annual Conference, Weintraub shareholder Ryan Abernethy outlined significant updates in California employment law for employers to be aware of. The session...more

Jaburg Wilk

I Received Orders for Deployment: Will I Have a Job When I Come Back?

Jaburg Wilk on

As the name suggests, the United Services Employment and Reemployment Act (“USERRA”) requires employers of active-duty service members to hold open the employee/service members job while deployed—whether overseas, for...more

Tucker Arensberg, P.C.

Can an Employee Be Eligible for Medical Leave Even if FMLA and PTO Leave Isn’t Available?

Tucker Arensberg, P.C. on

When employers think of “medical leave,” most minds understandably jump to the Family Medical Leave Act (FMLA) or time off that employees may be entitled to under company-provided policies (sick leave, vacation, PTO, etc.)....more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Castle Hills Master Association and Parent Companies for Disability Discrimination

Federal Suit Charges Property Management Companies Fired Hospitalized Resident Coordinator Because of Her Pregnancy-Related Disability - DALLAS – Castle Hills Master Association Inc., and parent companies Bright Realty...more

Tucker Arensberg, P.C.

The Hazards of Multistate Employment and Remote Work

Tucker Arensberg, P.C. on

In the wake of COVID-19, many employers continue to offer remote work arrangements. Some employees are exclusively remote, while others have a hybrid arrangement consisting of both telework and in-person office time. ...more

Adams and Reese LLP

Road to Recovery: First Steps for Business Continuity Following a Natural Disaster - September 2024

Adams and Reese LLP on

As you begin to assess the damage from the historic Category 4 Hurricane Helene that struck the Gulf Coast, Adams and Reese’s Disaster and Recovery Team is here to assist you. Our firm has extensive experience handling a wide...more

Parker Poe Adams & Bernstein LLP

FMLA Could Entitle Employee to Permanent Part-Time Work

For many employers, the intermittent leave provisions of the Family and Medical Leave Act pose the most difficult issues for providing leave entitlement while accomplishing necessary work tasks. Many companies are familiar...more

Quarles & Brady LLP

New Maryland Employment Laws Set to Take Effect on October 1: Is Your Business Prepared?

Quarles & Brady LLP on

Maryland’s General Assembly passed several employment laws that are scheduled to take effect on October 1, 2024. Areas of change include paid family leave, posting salary ranges and pay rate notifications, and an expansion of...more

Lathrop GPM

[Event] Employment & Labor Law Seminar - Minneapolis Area - October 23rd, Brooklyn Park, MN

Lathrop GPM on

Join us for Lathrop GPM’s annual Employment and Labor Law Seminar, once again offered in two locations – Kansas City on Tuesday, October 1 and Minneapolis on Wednesday, October 23. The full-day seminar will address current...more

Ward and Smith, P.A.

A Short Refresher On Discrete Legal Issues During Natural Disasters

Ward and Smith, P.A. on

As they say, an ounce of prevention is worth a pound of cure.  In that spirit, what follows are certain pay and leave issues employers may confront during times of natural disaster – all of which are better to be thought...more

Parker Poe Adams & Bernstein LLP

Restricting Remote Work Interfered With Employee's FMLA Rights

The Family and Medical Leave Act does not require employers to allow qualified employees to work remotely. While such requests may fall under the Americans with Disabilities Act’s reasonable accommodation obligation, the FMLA...more

Constangy, Brooks, Smith & Prophete, LLP

FMLA abuse: 5 things this employer did right

How'd that happen? An employer who terminated an employee after he took intermittent FMLA leave for diabetes won its case, and recently won again on appeal. According to both courts, the employee appeared to be trying to...more

Foley Hoag LLP

SJC Rules that Employees Do Not Accrue Benefits During Massachusetts Paid Family & Medical Leave

Foley Hoag LLP on

In its September 13, 2024 decision in Bodge et al. v. Commonwealth et al., SJC-13567 (2024), the Massachusetts Supreme Judicial Court (“SJC”) ruled that an employer’s policy of denying the accrual of certain benefits to...more

Fox Rothschild LLP

The EEOC Continues to Challenge Leave Policies as Discriminatory

Fox Rothschild LLP on

The U.S. Equal Employment Opportunity Commission (EEOC) continues its focus on challenging employment leave policies as discriminatory under the Americans with Disabilities Act (ADA)....more

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