News & Analysis as of

Family and Medical Leave Act (FMLA) Vacation Leave

Hinshaw & Culbertson - Employment Law...

Chicago Employers Confront Significant New Mandatory Paid Leave Requirements Effective January 1, 2024

On Thursday, November 9, 2023, the Chicago City Council voted to approve a new paid time off ordinance, the “Chicago Paid Leave and Paid Sick and Safe Leave Ordinance.” This new ordinance replaces the Chicago Paid Sick Leave...more

Mitratech Holdings, Inc

Addressing the Challenge of Keeping HR Policies Compliant [Webinar Recap]

Mitratech and Clear Law Institute sat down for an expert panel uncovering how today’s companies can stay one step ahead of shifting regulatory and HR policies. Employers and HR & Compliance professionals from across...more

Farella Braun + Martel LLP

Unlimited Vacation Policies Present Potential Pitfalls for California Employers

As unlimited vacation policies increase in popularity, California employers must be careful to avoid legal pitfalls in drafting and implementation. In the first California appellate decision to address unlimited vacation...more

Stoel Rives LLP

COVID-19: Employer FAQs

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To assist employers navigating these difficult and unprecedented times, below are some frequently asked questions and answers. These FAQs provide general guidance only and are not intended to serve as legal advice. Our...more

Seyfarth Shaw LLP

When Disaster Strikes: How Employers Should Respond to Wildfires

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Seyfarth Synopsis: When faced with wildfires or natural disasters, California employers must keep calm, carry on, and continue to meet their obligations under California law. ...more

Jackson Walker

Is There Anything Improper About Taking a Vacation During FMLA Leave?

Jackson Walker on

While posting vacation photos on Facebook during a leave under the Family and Medical Leave Act (FMLA) is probably not a stellar idea, the question of whether an employee can take a vacation during FMLA leave may not be so...more

Dentons

HR Quick Takes: My employee has the measles

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Q: Can I keep an employee home if they have been exposed to the measles? Do I have to pay them? A: If you become aware that an employee has been exposed to a significant contagious disease, which would include mumps,...more

Foley & Lardner LLP

Summer (and With It, Summer Vacations) Is Coming!

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As we head into the start of summer and employees begin to request more time off for vacation, this is a great time to review your vacation policies to ensure they are legally compliant and meet business needs....more

Amundsen Davis LLC

Recent Appellate Court Decision Provides Guidance For Investigating Intermittent FMLA Abuse

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Intermittent FMLA leave can be a source of frustration for employers even when it is used appropriately because it complicates staffing and planning and interrupts business operations. But when an employee’s use of...more

JAMS

Employment Matters Newsletter, Fall 2015

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With Experimental Benefits Come Additional Legal Considerations - Corporate experimentation, combined with innovative employment practices designed to promote more flexible work environments, may be transformative. These...more

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

Depressed Employee’s Vacation Leave Request Did Not Qualify For FMLA Protection

The vacation request of an employee suffering from depression and anxiety did not qualify as a leave request under the Family and Medical Leave Act (FMLA), according to a recent decision of the Eleventh Circuit Court of...more

Parker Poe Adams & Bernstein LLP

According to Ninth Circuit, Employee Can Decline Use of FMLA Leave for Qualifying Reason

The Family and Medical Leave Act provides eligible employees with a legal entitlement to unpaid leave in qualifying circumstances. Many employers have run into a situation where an employee who qualifies for FMLA leave,...more

Sherman & Howard L.L.C.

I Need a Vacation, Doctor’s Orders

Having a chronic serious health condition doesn’t entitle an employee to take leave whenever he chooses. Even if the leave would be medically beneficial, it has to correspond to a period of incapacity. In Hurley v. Kent of...more

Fenwick & West LLP

Employees May Choose to Use Vacation Instead of FMLA or CFRA Leave for Medical Absences

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The Ninth Circuit (California) held in Escriba v. Foster Poultry Farms, Inc. that an employee can choose to use vacation instead of leave under the Family and Medical Leave Act (“FMLA”) or California Family Rights Act...more

Sherman & Howard L.L.C.

Workers May Choose Vacation or FMLA Leave

In 2007, Maria Escriba requested and received two weeks of vacation from her employer to travel to Guatemala to care for her ailing father. When Escriba did not return to work at the end of her leave, the employer discharged...more

Dorsey & Whitney LLP

Quirky Question # 215, Are Capped Vacation Plans Now Disfavored And Should My Company Switch To An Unlimited Vacation Plan?

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We have a new CFO who is upset by the huge amount of accrued vacation we have to carry on the books. We have a cap of two times the annual accrual. He says most high tech companies like ours have unlimited vacation plans and...more

Franczek P.C.

An Employee Requests And Is Denied Vacation Leave But Later Takes FMLA Leave For The Same Time Period. What Recourse Does An...

Franczek P.C. on

This scenario is all too familiar for employers: shortly before Christmas, your employee requests vacation leave for Christmas Eve and New Years Eve. Due to seniority or the employee's last minute request for time off, her...more

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