News & Analysis as of

Family and Medical Leave Act (FMLA) Medical Leave

Amundsen Davis LLC

FMLA, State-Mandated, or Employer-Sponsored Leave? New U.S. Department of Labor Guidance for Employers Tries to Answer Tricky...

Amundsen Davis LLC on

As states and cities have created new paid family and medical leave requirements for employers, the layers of overlapping regulation have left even the most seasoned employee benefits professionals and leave administrators...more

Steptoe & Johnson PLLC

Participation in Clinical Trial is FMLA-Protected, DOL Says

Steptoe & Johnson PLLC on

On November 8, the Department of Labor (DOL) issued an opinion letter addressing an interesting question under the Family and Medical Leave Act (FMLA): Can an employee take FMLA leave to participate in a clinical trial for...more

Spilman Thomas & Battle, PLLC

Suspected Abuse of FMLA Leave: What Can be Done?

The Family Medical Leave Act (the “FMLA”) entitles eligible employees of covered employers to take 12 (and in some cases related to military service, 26) weeks of unpaid, job-protected leave for specified family and medical...more

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

DOL’s Wage and Hour Division Weighs in on FMLA Use for Clinical Trials

In an opinion letter dated November 8, 2024, the Wage and Hour Division of the U.S. Department of Labor (DOL) responded to a question posed by an organization dedicated to finding a cure for specific diseases. ...more

Jackson Lewis P.C.

Maryland’s Impending FAMLI Program: What Employers Need to Know Now

Jackson Lewis P.C. on

Maryland’s Department of Labor (MDOL) has released proposed regulations to implement the state’s paid family and medical leave insurance (FAMLI) law. The FAMLI law will provide benefits to workers in the state who take leave...more

Poyner Spruill LLP

Third Circuit Holds Employee Not Protected by ADA Due to Incapacity to Work

Poyner Spruill LLP on

Is an employee on an extended leave of absence due to a long-term medical condition protected from employment termination by the Americans with Disabilities Act (ADA)? The answer depends on multiple factors, including whether...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

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

Littler

Littler Lightbulb: August 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. Fifth Circuit Vacates DOL Tip Credit Rule...more

Maynard Nexsen

Fourth Circuit Affirms Employers’ Right to Investigate and Take Action for Suspected FMLA Leave Misuse

Maynard Nexsen on

In Shipton v. Baltimore Gas and Electric Company, the Fourth Circuit Court of Appeals affirmed the district court’s summary judgment rulings to dismiss the plaintiff’s Family and Medical Leave Act (FMLA) interference and...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Expands Employer Protections Against Suspected FMLA Misuse

While the Family and Medical Leave Act (FMLA) is designed to protect employees who suffer from a qualifying "serious health condition that makes the employee unable to perform the functions of" their job, its administration...more

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

Ninth Circuit Holds a Second Medical Opinion Is Not Necessary to Challenge an Employee’s Entitlement to FMLA Leave

The U.S. Court of Appeals for the Ninth Circuit recently held that an employer may challenge an employee’s entitlement to the benefits of the Family and Medical Leave Act (FMLA) without the necessity of obtaining a second...more

Littler

Untangling the Oregon Leave Quagmire – Answers to Common Compliance Questions in Light of Recent Legislative Changes

Littler on

If you have employees working in Oregon, chances are you have heard about Oregon’s Paid Family and Medical Leave Insurance Program also known as Paid Leave Oregon (“PLO”). In addition to PLO, eligible Oregon employees may be...more

U.S. Equal Employment Opportunity Commission...

Didlake, Inc. Pays More Than $1 Million in EEOC Disability Discrimination and Retaliation Lawsuit

Nonprofit Denied Accommodations to Deaf and Hard-of-Hearing Employees and Fired Employees Who Requested Medical Leave, Federal Agency Charged - WASHINGTON – Didlake, Inc., a government contractor that provides janitorial...more

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

FMLA Doesn’t Shield Employee From Dismissal Due to Misconduct Prior to Leave Request, District Court Rules

On April 29, 2024, in McBeath v. City of Indianapolis, the U.S. District Court for the Southern District of Indiana granted summary judgment in favor of the City of Indianapolis on a plaintiff’s claims for Family and Medical...more

Holland & Hart - Employers' Lawyers

Pay Obligations During Doctor-Recommended Leave of Absence

Question: We have an employee whose essential functions require the use of their hands. They have requested an accommodation, and their physician has recommended time off until specific medical restrictions can be determined....more

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

Eleventh Circuit Upholds Ruling for Employer on ADA Claims Where Employee Submitted Noncompliant Return-to-Work Letter

On February 7, 2024, in Jones v. Georgia Ports Authority, the U.S. Court of Appeals for the Eleventh Circuit affirmed a district court’s grant of summary judgment for an employer where a former employee who requested an...more

International Lawyers Network

Paid Leave

The following paper aims to succinctly address the question "Under what circumstances is an employee entitled to paid leave?” This guide offers an overview of legal aspects of paid leave in the requisite jurisdictions....more

Schwabe, Williamson & Wyatt PC

Oregon Legislature Enacts Changes to Better Coordinate the Oregon Family Leave Act and Paid Leave Oregon

The ink is not yet dry on Senate Bill 999, drafted to attempt coordination of the Oregon Family Leave Act (OFLA) and the Oregon Paid Family and Medical Leave Act also called “Paid Leave Oregon” (PLO). On June 7, Senate Bill...more

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

Minnesota Enacts State Partial Paid Family and Medical Leave

Minnesota became the latest state to offer statewide paid family and medical leave as part of a series of sweeping and fundamental changes to Minnesota employment law made in the 2023 legislative session....more

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

Four Key (and Surprising) Points for Navigating FMLA Leave

Complying with the various legal and practical requirements of the Family and Medical Leave Act (FMLA) and its regulations is an ongoing challenge for employers, particularly when it comes to questions about when an employee...more

The Rodman Law Group, LLC

Proposition 118 Passes in Colorado: The Family and Medical Leave Insurance (FAMLI) Program

In November 2022, Colorado voters approved Proposition 118, a ballot initiative that establishes a statewide paid medical leave program. This new law, known as the Colorado Family and Medical Leave Insurance (FAMLI) program,...more

Genova Burns LLC

NJ District Court Upholds Employee Termination After FMLA Leave

Genova Burns LLC on

On March 31, 2023, in LeBlanc v. Thomas Jefferson University, the United States District Court for the District of New Jersey granted an employer’s motion for summary judgment, dismissing a former’s employee’s allegations of...more

Tucker Arensberg, P.C.

Terminating Poor Performers During or After FMLA or ADA Leave: Key Considerations

Tucker Arensberg, P.C. on

Performance management is one of the most important–and difficult–issues that employers face in supervising their workforce. Dealing with performance problems becomes even harder when an underperforming employee requests or...more

Pullman & Comley - Labor, Employment and...

Reduce Your Risk of Employment Claims in 2023 - Tips #3 and #4

This is the second installment in our series, 10 Tips to Reduce Risk of Employment Claims in 2023. Each tip will discuss an issue our Labor & Employment Practice saw last year, along with suggested action steps that employers...more

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