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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 -

2018 Legislative Update for California Employers

by Conn Maciel Carey LLP on

California has had yet another banner year closing the 2017 legislative session with a spate of new employment laws imposing additional compliance obligations on employers. Bucking the anti-regulatory tide in Washington, DC,...more

Summary of Select New Laws Impacting California Employers

The new year will bring many changes to California’s employment laws in various areas, including hiring practices (such as a statewide “ban the box” law); leaves and benefits (including expansion of parental leave to small...more

Nevada Employers Prepare to Provide Leave for Domestic Violence Victims

In the new year, Nevada employers will be required to provide workplace protections for employees who are victims of domestic violence. Nevada Senate Bill 361, which was signed into law by Governor Brian Sandoval over the...more

Unpaid Disciplinary Suspensions Require a Careful Reading of Federal and State Law

Counseling and written warnings are common steps employers take to address employee attendance issues (such as habitual tardiness) or performance issues (such as failing to complete assigned work on time). But what if the...more

Does The ADA Require An Employer To Extend A Leave Taken Under The FMLA?

by Roetzel & Andress on

Are you an employer who must provide benefits to employees under the Family Medical Leave Act (“FMLA”) because you have had 50 or more employees for at least 20 weeks during the past year? If so, do you sometimes get...more

FMLA FAQ: If an Employee Racks Up Both FMLA and Unexcused Absences, Can He Be Terminated?

by Franczek Radelet P.C. on

Here’s a puzzle for you. How would you handle it? Mary Beth is a nurse for a local hospital and has been diagnosed with cancer and asthma. 1. She is certified for FMLA leave for her cancer and asthma; 2. She incurs...more

New York Rings In Significant Employment Law Changes For The New Year

by Cole Schotz on

New York employers should be ready to kick-off 2018 with a slew of updated policies and procedures to ensure compliance with the State’s changing legal landscape. As we say “goodbye” to 2017, New York must say “hello” to the...more

Employers, Facebook can be your friend!

by Franczek Radelet P.C. on

Our past alerts on social media issues typically center on NLRB and court decisions that are not always favorable to employers. A recent arbitration decision, however, highlights that Facebook may provide an employer with the...more

I-21 – Sexual Harassment (Still), Political Tweeting, and Intersectional Discrimination

by Cozen O'Connor on

Good faith and timing means everything in employment law. This episode of Employment Law Now provides an update from DC, discusses questions employers should be asking in today’s climate of troubling sexual harassment news,...more

Seventh Circuit: Multi-Month Leave Of Absence Not A Reasonable Accommodation Under The ADA

by Jackson Lewis P.C. on

Determining how long an employer must hold a position for an absent worker is a question that vexes Human resources Directors and Operations management. The Seventh Circuit recently ruled, in Severson v. Heartland Woodcraft,...more

“Brute Reason” or Lack of Nuance: Seventh Circuit’s Twin Holdings That a Long Term Leave is Not a Reasonable Accommodation May...

In one of his more pithy lines, Oscar Wilde wrote, “I can stand brute force, but brute reason is quite unbearable. There is something unfair about its use. It is hitting below the intellect.” Oscar Wilde, The Picture of...more

Beware of FMLA Return-From-Leave Pitfalls

by Hogan Lovells on

Employers generally assume, correctly, that an employee who fails to report for duty at the end of an FMLA leave with a specified end date can be terminated. ...more

Prior Entitlement To FMLA Leave Is Not A Free Ticket To Miss Work For Non-FMLA Covered Reasons

by Jackson Lewis P.C. on

The U.S. District Court for the Middle District of Pennsylvania recently upheld an employer’s decision to terminate an employee under its policy against excessive absenteeism, in spite of the fact that the former employee had...more

Proposed National Paid Leave and Flexible Work Options Law Will Preempt State Leave Laws

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Three Republicans from the House of Representatives hailing from states with paid family and sick leave laws have sponsored the Workflex in the 21st Century Act, signaling increasing frustration with the...more

Opioid Epidemic Likely to Become a Workplace Issue for Maryland-Area Employers

by Miles & Stockbridge P.C. on

Drug overdoses are now the leading cause of death for Americans under the age of 50. Of the drugs contributing to these deaths, prescription opioids, heroin, and the synthetic opioids, such as fentanyl, have risen...more

What's good 'notice' of a workplace injury in South Carolina?

by McNair Law Firm, P.A. on

Many readers know that statutory protections passed by state legislatures and Congress are often written to favor the rights of employees. One such statute is South Carolina’s workers’ compensation law. The law requires...more

Timing Is Everything: FMLA Claim Survives Summary Judgment Where Employer Began Auditing Employee’s Records The Day After FMLA...

by Jackson Lewis P.C. on

Employees requesting, currently taking, or just returning from leave under the Family and Medical Leave Act (“FMLA”) can be terminated for legitimate reasons that are unrelated to their FMLA leave. This point is exemplified...more

Is a Federal Paid Leave Law on the Horizon? Maybe. . . Employers Should Stay Tuned

by Baker Donelson on

On November 2, 2017, three Republican members of the House of Representatives introduced the Workflex in the 21st Century Act (the "Workflex Bill" or "HR 4219"). The bill is intended to help employees have a better work-life...more

Third Circuit: Imprecise Release Allows FMLA Claims to Survive

Imagine that an employee of yours gets injured at work. He files a claim for workers’ compensation, goes out on leave, and returns to work two weeks later. Two weeks after that, the employee is fired for a policy violation....more

How Do Employers Calculate FMLA Leave Around the Holidays?

by Franczek Radelet P.C. on

It’s that time of year — my kids are already making changes to the fourth draft of their Christmas wish list, holiday music has been playing on my local radio station for four weeks now, and I’m just about ready to claim the...more

Extended Leave is an Accommodation – Maybe Not

by Ruder Ware on

As the after effect of the recent Seventh Circuit Court of Appeals decision about extended leave as an accommodation continues to develop, a serious question is developing of whether an employer is obligated to give an...more

Make Sure FMLA Forms Mailed to Employees Can Be Traced

Here is a nightmare scenario for human resources: The company sends an employee absent from work the required Family and Medical Leave medical certification form via regular mail. The employee fails to return the form within...more

Failure to Train Managers and Supervisors Cost Company $284,000 for Violation of the Family Medical Leave Act

by Clark Hill PLC on

In Boadi v. Center for Human Development, Inc., a jury found an employer liable for interfering with an employee's exercise of her Family Medical Leave Act (FMLA) rights, awarding four years of back pay and benefits. The...more

Federal Legislation Would Pre-empt State and Local Laws in Return for Guaranteed Paid Leave

On November 2, Republican congresswomen introduced legislation that would relieve employers from the growing patchwork of state and local paid employee leave laws in return for their guarantee of certain paid benefits. The...more

What Am I Doing Wrong?? Common FMLA Mistakes

by Jackson Lewis P.C. on

“What did I do wrong?” and “Am I doing this correctly?” are frequent questions from clients regarding FMLA administration. This is the eleventh in a series highlighting some of the more common mistakes employers can...more

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