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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 -
Stroock & Stroock & Lavan LLP

Employment Basics for Family Offices in New York

Operators of family offices or other small businesses may not realize that they are obligated to comply with federal, state and local labor and employment laws. While it is true that several employment laws only apply to...more

SmithAmundsen LLC

EEOC Consent Decree A Reminder That Attendance Policies Must Have An ADA Escape Valve

by SmithAmundsen LLC on

In July the EEOC announced the terms of a consent decree settling claims of systemic disability discrimination against a global metal products manufacturer. Pursuant to the terms of the decree, the employer will pay $1...more

Jackson Lewis P.C.

Hospital Compliance Officer’s Opposition To Termination Of Co-Worker States A Claim Of FMLA Retaliation

by Jackson Lewis P.C. on

The United States District Court for the District of Columbia recently denied a Hospital’s motion to dismiss a Family and Medical Leave Act (“FMLA”) retaliation claim by a senior officer because of the close time proximity...more

Cozen O'Connor

Sixth Circuit Holds Full-time Presence at Work Is Not an Essential Function Under ADA

by Cozen O'Connor on

In a July 17, 2018 opinion, the U.S. Court of Appeals for the Sixth Circuit held “full-time presence at work is not an essential function.” In so holding, the Sixth Circuit reversed the trial court’s grant of summary judgment...more

Franczek Radelet P.C.

Drafting a Parental Leave Policy? Learn from the Estée Lauder Story or You'll Risk Smelling Stinky

by Franczek Radelet P.C. on

Parental leave policies are on the rise. Maternity. Paternity. Caregiver. You name it. I am drafting more of these policies than ever before. So, you can imagine my interest when, last year, the EEOC sued skin...more

Littler

Sixth Circuit Rejects Argument that Full-Time Job Requires Full-Time Hours in ADA Failure to Accommodate Case

by Littler on

Holding that full-time presence at the workplace is not always an essential job function, on July 17, 2018, the U.S. Court of Appeals for the Sixth Circuit reversed summary judgment in favor of the employer in an Americans...more

Akerman LLP - HR Defense

Must An Employer Grant a Request for Indefinite Leave?

by Akerman LLP - HR Defense on

What do you do when an employee wants leave for a medical condition, but has already exhausted or is not eligible for leave under the Family and Medical Leave Act? Tread carefully....more

Parker Poe Adams & Bernstein LLP

Employer's Unilateral Assertion of Need for Full-Time Work Insufficient to Dismiss ADA Claim

Employees seeking accommodations for medical conditions under the Americans with Disabilities Act often request modified work schedules. In some cases, the employee presents medical information indicating an ability only to...more

Bradley Arant Boult Cummings LLP

Your Employee Is a Victim of Domestic Violence—What Should an Employer Do?

New Zealand parliament recently passed a law granting employees 10 days of extra paid leave each year for victims of domestic violence to change their living situations and not lose their jobs. According to some U.S....more

Shipman & Goodwin LLP

FMLA Leave Designation… What if My Employee Says “No?”

by Shipman & Goodwin LLP on

Sometimes things that should be simple just have to be complicated! This is true for Family and Medical Leave Act matters when a seemingly straightforward situation throws a curveball because an employee tells you she “does...more

Miller & Martin PLLC

A Full-Time Employee’s Doctor Says She Can Only Work Part Time at the End of Her FMLA Leave.

by Miller & Martin PLLC on

Can You Fire Her? - Most employers, including the one involved in the lawsuit the title of this article is based upon, Hostettler v. The College of Wooster, would answer this question “yes.” After all, the Family and Medical...more

Epstein Becker & Green

Massachusetts Enacts New Minimum Wage and Paid Leave Law

by Epstein Becker & Green on

On June 28, 2018, Massachusetts Governor Charlie Baker signed House Bill 4640, “An Act Relative to Minimum Wage, Paid Family Medical Leave, and the Sales Tax Holiday” (“Act”). Rather than leave the issues to voters this...more

Snell & Wilmer

The Family Medical Leave Act and Benefit Plans: What comes first – the Law or the Employer’s Established Policy?

by Snell & Wilmer on

An employer that employs 50 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year is subject to the Family Medical Leave Act (“FMLA”). Therefore, often...more

Franczek Radelet P.C.

Fighting FMLA Abuse in the Summertime: Top 10 Employer Tools to Keep Employees Honest

by Franczek Radelet P.C. on

Fortunately for employers, there are several tools available to combat FMLA abuse. At least 10, I figure. Likely more. I’ll start with these and encourage you to share other tactics that have worked for you to halt FMLA...more

Bradley Arant Boult Cummings LLP

Point for the (Work from) Home Team? Sixth Circuit Says Attendance at Work Not Automatically an Essential Work Function

“You have to show up for work—it’s a part of your job.” Attendance at the workplace is an essential work function in an ADA case. But is it really anymore? With technology, some would argue that many jobs can be done from...more

Sherman & Howard L.L.C.

Takin’ Care Of Business (On Half Time Schedule)

by Sherman & Howard L.L.C. on

An employee was unable to return to work full time because she was experiencing postpartum depression. She worked half time instead and, according to the employee, she was still able to do everything that was required of her...more

Constangy, Brooks, Smith & Prophete, LLP

A Pregnancy-Disability-FMLA Triple Whammy

Pow! Pow! Pow! The College of Wooster, in Wooster, Ohio (student body approx. 2,000), is going to have to go to trial on a triple whammy of pregnancy discrimination, failure to accommodate a disability, and violations of...more

Bradley Arant Boult Cummings LLP

Curing the ‘Friday and Monday Leave Act’ Blues: Addressing Increased Summertime Absenteeism and FMLA Intermittent Leave - Labor &...

Employers don’t call the Family and Medical Leave Act the “Friday and Monday Leave Act” for nothing, especially this time of year. The allure of summertime fun in the sun can cause an increase in employee absenteeism,...more

Parker Poe Adams & Bernstein LLP

Employee's Failure to Provide FMLA Medical Certification Does Not Preclude Later Leave Request

What should a Human Resources Department do in the following circumstance? An employee requests family and medical leave to care for a child with a serious health condition and is provided DOL forms, including the medical...more

Murtha Cullina

Massachusetts Raises Minimum Wage and Passes Paid Family and Medical Leave Law

by Murtha Cullina on

On June 28, 2018, Massachusetts Governor Charlie Baker signed a bill titled “An Act Relative to Minimum Wage, Paid Family Medical Leave, and the Sales Tax Holiday” (H.4640). The new law, dubbed the “Grand Bargain,” implements...more

Fox Rothschild LLP

The HR Workplace Audit

by Fox Rothschild LLP on

A workplace audit is the first step in improving a company’s human resources department. It allows a company to evaluate its current policies and practices to identify weaknesses or areas out of compliance. Please see...more

BakerHostetler

Have Your FMLA Forms Expired?

by BakerHostetler on

As many of you know by now, the U.S. Department of Labor (DOL) maintains model forms to help employers meet the notice requirements under the Family and Medical Leave Act (FMLA). What some of you may not know is that the...more

K&L Gates LLP

Working Wise: Employer Responsibilities in a Natural Disaster

by K&L Gates LLP on

In this episode, Nickolas Spiliotis discusses employer responsibilities when a natural disaster hits. He covers wage and hour issues, employee protections, and tips for employers. ...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 sixteenth in a series highlighting some of the more common mistakes employers can...more

Constangy, Brooks, Smith & Prophete, LLP

World's Worst Boss? And a Big FMLA Loophole

"No more of your flimsy excuses! Get back to work!" Last week, while I was consumed with assessing the candidates for the Supreme Court nomination that went to Judge Brett Kavanaugh, this happened....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.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

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Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

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You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

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

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

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  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

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

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

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How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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There are different types of cookies and other technologies used our Website, notably:

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JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

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Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

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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This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.