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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 -
Manatt, Phelps & Phillips, LLP

FMLA Claim May Be Triggered Prior to Eligibility

Why it matters - A Family and Medical Leave Act (FMLA) claim may be triggered where an employer promised coverage before eligibility under the statute took effect, according to a new decision from a Wisconsin federal...more

Burr & Forman

How Much Leave is Too Much? Determining When an Employer May Deny or Stop an Extended Medical Leave of Absence

by Burr & Forman on

Employers continue to face challenges managing employee requests for additional or extended medical leaves of absence for employees who are not eligible for or have exhausted FMLA leave. The Equal Employment Opportunity...more

Nutter McClennen & Fish LLP

Writing for Westlaw Journal Employment, David C. Henderson Outlines Six Important Points About The Family and Medical Leave Act...

by Nutter McClennen & Fish LLP on

David C. Henderson, a partner in Nutter's Labor, Employment and Benefits practice group, authored an article in Westlaw Journal Employment's "Expert Analysis" section entitled, "6 Things Employers Must Know About The Family...more

Franczek Radelet P.C.

Paying Out a Year-End Bonus or an Incentive Payment: Can an Employer Withhold the Money from the Employee Who Took FMLA Leave?

by Franczek Radelet P.C. on

It’s the end of the year, which means bonus time. Or perhaps instead you want to offer a pay incentive to employees to improve attendance or production? Take, for instance, a point-based attendance bonus policy in which...more

Poyner Spruill LLP

Magic Words Unnecessary – But Staying Out of Work Not Enough – to Request Medical Leave Under the FMLA

by Poyner Spruill LLP on

A common issue surrounding a medical leave of absence from work under the Family and Medical Leave Act (FMLA) pertains to whether the employer was on notice that the employee sought FMLA-protected leave. Depending on the size...more

Kelley Drye & Warren LLP

IRS Releases Guidance on Employer FMLA Tax Credit

by Kelley Drye & Warren LLP on

As mentioned in our January 2018 and March 2018 Client Advisories, the Tax Cuts and Jobs Act (the “Act”), provides a temporary corporate federal tax credit, ranging from 12.5 percent to 25 percent, that may be claimed by...more

Jackson Lewis P.C.

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 nineteenth in a series highlighting some of the more common mistakes employers can...more

Cozen O'Connor

Why Should I Care About Employment Law? Common Pitfalls for Emerging Companies

by Cozen O'Connor on

Founders of emerging companies are often first-time employers and find themselves having to wade through the dense patchwork of state and federal labor and employment laws. This can be a confusing undertaking that often...more

Goulston & Storrs PC

5 Employment Law Trends to Watch

by Goulston & Storrs PC on

Equality in Pay Laws and How Companies are Addressing Them: Like California and New York, as of July 1, 2018, Massachusetts’ Act to Establish Pay Equity promotes salary transparency, restricts employers from asking candidates...more

FordHarrison

Home is Where the Job Is ... The Pros and Cons of Alternative Work Arrangements for Employers

by FordHarrison on

Whether you blame advances in technology or the influx of millennials into the modern workplace, the age of time cards and punch clocks is inching ever closer to extinction. In research recently conducted by ADP, “freedom”...more

Miles & Stockbridge P.C.

Take It or Leave It: The Rise of Outsourcing Leave Administration and What Employers Should Know About It

by Miles & Stockbridge P.C. on

As attracting and retaining employees grows increasingly critical to a business’s success, the pressure is mounting for employers to ensure accurate and consistent execution of leave policies, sometimes across multiple...more

Jackson Lewis P.C.

‘Tis The Season: FMLA And Holidays

by Jackson Lewis P.C. on

As we are in the heart of the holiday season, to avoid an unwanted gift from the Department of Labor, employers should ensure that they properly administer FMLA leaves taken during company holidays. Determining whether...more

Bryan Cave Leighton Paisner

Does An Employer Have FMLA Obligations Even Before An Employee Satisfies the Eligibility Requirements For Taking FMLA Leave?

by Bryan Cave Leighton Paisner on

In a word: Yes. In fact, there are many. The most notable obligation under the Family and Medical Leave Act – the obligation to provide protected leave for a qualifying reason – does not apply until the employee has become...more

Bowditch & Dewey

Paid Family and Medical Leave Comes to Massachusetts

by Bowditch & Dewey on

Massachusetts enacted legislation this past summer (Acts 2018, c. 121, the “Act”) creating its first state-administered Paid Family and Medical Leave Program (the “Program”). Employers of all sizes are required to participate...more

Snell & Wilmer

100 Percent Healed Policies – One of the EEOC’s Enforcement Priorities

by Snell & Wilmer on

The U.S. Equal Employment Opportunity Commission (“EEOC”) is cracking down on employers for maintaining leave policies that the EEOC deems a violation of the Americans with Disabilities Act (“ADA”). These so-called “100...more

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

Wisconsin Judge Rules That HR’s Assurances Before Employee’s One-Year Anniversary May Give Rise to FMLA Claim

Employees are not eligible for leave under the federal Family and Medical Leave Act (FMLA) unless, among other things, they have worked for a covered employer for at least 12 months. It is also a matter of common sense that...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

FordHarrison

For Employers, Inclement Weather Preparedness Includes Readying for Employee Questions on How Office Closures Affect Pay, Leaves...

by FordHarrison on

Winter Storm Avery may be on its way out, but the early winter weather is a reminder that employers should be prepared to address storm-related issues if they are required to close their businesses and as they prepare to...more

Genova Burns LLC

The 10 Most Frequently Asked Questions and Answers About New Jersey’s New Paid Sick Leave Law

by Genova Burns LLC on

Fall brings requests for time off for school conferences. Winter brings absences for colds and flu. The New Jersey Paid Sick Leave Law (the “Sick Leave Law”) provides paid sick leave to virtually every New Jersey employee to...more

Hinshaw & Culbertson LLP

Employee May Proceed with Claim Her Employer Led Her to Believe She Could Take FMLA Leave Before She Qualified

by Hinshaw & Culbertson LLP on

Employers cannot force employees to take medical leave before they become eligible for FMLA leave. Nor can they lull an employee into believing they will be granted leave despite being ineligible, then terminate when they...more

Obermayer Rebmann Maxwell & Hippel LLP

The Supreme Court Rules that the Age Discrimination in Employment Act Applies to Small Government Employers

The Age Discrimination in Employment Act of 1967 (“ADEA”) forbids employment discrimination against employees who are 40 years of age or older. Private employers with less than 20 employees are not subject to the ADEA....more

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

Wisconsin FMLA vs. Federal FMLA in a Nutshell

In this episode, Keith Kopplin and Sarah Platt compare Wisconsin’s Family and Medical Leave Act with the federal Family and Medical Leave Act and discuss the key differences and top things employers should know....more

Jackson Lewis P.C.

What Do You Mean I Can’t Require That An Employee Use PTO During FMLA Leave?

by Jackson Lewis P.C. on

Since the FMLA came into existence, employers have been advised, where possible, to run FMLA concurrently with other leaves. Doing so prevents leave stacking. When reviewing FMLA policies, a common oversight we see is how...more

Bowditch & Dewey

Client Alert: Paid Family and Medical Leave Comes to Massachusetts

by Bowditch & Dewey on

Adding the Commonwealth to the small-but-expanding list of states providing employees with paid leave benefits, Massachusetts enacted legislation this past summer (Acts 2018, ch. 121, the “Act”) to create a new...more

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

FMLA FAQs: Answers to Employers’ Common Questions

The Family and Medical Leave Act (FMLA) continues to present challenging questions for employers. In this episode, Keith Kopplin and Sarah Platt of our Milwaukee office walk through some of employers’ most frequently asked...more

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JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Changes in Our Privacy Policy

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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