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Family Medical Leave Act Notice Requirements

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 -

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

Federal Courts Uphold Employer Notification Requirements for FMLA Absences

In its last round of Family and Medical Leave Act rule revisions, the Department of Labor recognized employers’ rights to establish notice procedures for employees who need to miss work due to intermittent and other legally...more

California Employers Face Significant New Requirements - Banning The Box And Prohibiting Pay History Inquiries Among New State...

by Fisher Phillips on

California employers will soon need to adjust themselves to a new reality once again as a number of new workplace restrictions have been passed by the state legislature and just signed into law by Governor Jerry Brown. State...more

Poorly Implemented FMLA Policies and Procedures are Killing Employers. Don't Be That Employer.

by Franczek Radelet P.C. on

Poorly implemented FMLA policies and procedures are in the spotlight this week. And just a few vague words and a slip up are costing two employers hundreds of thousands of dollars. ...more

New York Issues Final Paid Family Leave Law Regulations

by Littler on

The New York Paid Family Leave Benefits Law (“PFLBL”), passed last year and effective January 1, 2018, will provide eligible employees with a paid, job-protected leave of absence, starting at 8 weeks in 2018 and eventually...more

Yahweh v. City of Phoenix

Arizona Court of Appeals Reinforces Notice of Claim Requirement - Last week, the Arizona Court of Appeals affirmed the dismissal of a case against the City of Phoenix for plaintiff’s failure to comply with the notice of...more

New York Paid Family Leave Rules Announced: Delivery Date January 1, 2018

On February 22, 2017, the New York State Workers’ Compensation Board (the “Board”) released proposed rules (the “Proposed Rules”)i establishing the rights and responsibilities of employees, employers, and insurance carriers...more

Proposed Regulations Issued for New York Paid Family Leave Law

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Workers’ Compensation Board issued proposed regulations for New York’s Paid Family Leave Law (“PFL”). The regulations provide much needed guidance on many key areas of the law, including eligibility...more

Paid Family and Medical Leave for D.C. Employees To Become Law

by Holland & Knight LLP on

District of Columbia Mayor Muriel Bowser on Feb. 15, 2017, declined to veto the controversial Universal Paid Leave Amendment Act of 2016. Although she declined to veto the measure, Bowser returned the bill unsigned to the...more

The District of Columbia Passes the Nation’s Most Expansive Paid Family and Medical Leave Law

by Epstein Becker & Green on

On February 15, 2017, District of Columbia Mayor Muriel Bowser announced that she will not veto the Universal Paid Leave Amendment Act of 2016 (Bill 21-415) (“Act”), previously passed by the D.C. Council on December 22, 2016....more

Employer Violates FMLA for Failure to Provide Calculation of When Leave Expires, Court Rules

by Jackson Lewis P.C. on

In a case reminding employers of their obligation to notify employees about their Family and Medical Leave Act rights, the District Court of New Jersey has ruled that an employer violated the FMLA when it terminated an...more

4th Circuit Bounces Bank's Request to Dismiss Manager's FMLA Case

by McNair Law Firm, P.A. on

In a relatively recent decision, the U.S. Court of Appeals for the 4th Circuit (whose rulings apply to all South Carolina employers) found that an employer's faulty notice to an employee about his rights under the Family and...more

Cook County, Illinois Becomes First in the Midwest to Mandate Countywide Paid Sick Leave

by Littler on

On October 5, 2016, the Cook County Board of Commissioners passed the Cook County Earned Sick Leave Ordinance (the “Ordinance”). Notably, Cook County, Illinois encompasses the City of Chicago, which passed its own paid sick...more

When Employers Don't Recognize an Employee's Notice of the Need for FMLA Leave, They Pay the Price

by Franczek Radelet P.C. on

As employers, we face a sobering reality: at every turn, the FMLA sets us up to fail. Whether it’s deciphering medical certification, assessing fitness for duty upon return to work, or dealing with the always frustrating...more

Fourth Circuit Says Failure to Advise Employee of Leave Reinstatement Interfered with FMLA Rights

The U.S. Supreme Court’s 2002 Ragsdale decision rejected Department of Labor regulations stating that failure to provide employees with notice of leave rights was a per se violation of the Family and Medical Leave Act....more

Paid Sick Leave Is Coming to Chicago: Mark Your Calendars for July 1, 2017

by Hinshaw & Culbertson LLP on

An ordinance mandating paid sick leave for Chicago employees, first introduced in April, passed before the City Council on Wednesday, June 22, 2016. Chicago will now join the growing list of cities with similar laws on the...more

Chicago to Become the Second City in the Midwest to Mandate Paid Sick Leave in 2016

by Littler on

On June 22, 2016, the Chicago City Council unanimously passed the Chicago Minimum Wage and Paid Sick Leave Ordinance (the “Ordinance”).  Chicago is the second city in the Midwest this year to pass a law granting employees...more

DOL Issues New FMLA Poster and Guidance

by Tucker Arensberg, P.C. on

As any employer should know, there are certain posters that you are required to display that inform employees of their rights under the various employment laws. One of those posters advises them of their rights under the...more

The DOL’s New FMLA Poster – Does It Impact Your FMLA Policy?

by Bryan Cave on

By now, you’re likely aware (and if you’re not, you should be) that, in April, the U.S. Department of Labor (“DOL”)issued a new “Employee Rights Under The Family And Medical Leave Act” poster, to replace the prior poster on...more

April 1 Poster Changes for California Employers

by Allen Matkins on

The California Fair Employment and Housing Council, which is responsible for issuing regulations respecting the state's employment discrimination laws, has created a new notice and poster required of California employers as...more

“BLACKLISTING” OR “BAD ACTOR” Executive Order 13673

Officially known as the “Fair Pay and Safe Workplaces” Executive Order, Executive Order 13673 now consists of proposed guidance from the Department of Labor (“DOL”) and proposed regulations from the Federal Acquisition...more

RI Employers (Large and Small) Required to Accommodate Healthy Pregnant Workers and New Moms. No, FMLA Leave is Not Enough.

Last month, the Rhode Island Fair Employment Practices Act was amended to require employers with 4 or more employees to provide reasonable accommodations to employees and prospective employees with a “condition”. Such...more

How Fowl! Is An Employee's Text and His Girlfriend's Report Enough to Establish Notice of Need for FMLA Leave? Not So Fast...

by Franczek Radelet P.C. on

This one just smells fowl. Delbert (not sure if he goes by Del or Bert, so I’ll just call him Delbert) decided not to show up for work at Tyson Fresh Meats on December 28. Instead, he asked his girlfriend, who also worked...more

To Grant Leave or Not to Grant Leave…That is the Question

by LeClairRyan on

Employers covered by the Family and Medical Leave Act often are surprised to find out that the onus is on them to provide eligible employees notice of FMLA rights in the event of a qualifying absence and to properly designate...more

The Best of 2014: Sending FMLA Notices by Mail/Email, Requiring Doctor's Notes for Intermittent FMLA Absences Among Most Popular...

by Franczek Radelet P.C. on

It’s the final week of the year, so while everyone else in the world is playing with their latest version of iPhone and other new electronic gadgets, I spend my time analyzing this year’s FMLA blog posts and agonizing over...more

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