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Hiring & Firing › Family and Medical Leave Act (FMLA) › Leave of Absence

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -
Lowndes

Weathering an Employer's Duties During the Storm - August 2023

Lowndes on

Florida’s tax-free holiday for “disaster preparedness” started just days ago, and residents are quickly taking advantage of the opportunity to shop for supplies in advance of Hurricane Idalia. Employers should also be...more

McDermott Will & Emery

[Webinar] Managing Your Workforce During Market Volatility: Separations, Arbitration, Leaves and Accommodations - June 28th, 1:00...

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Employers are facing new and evolving pressures as they navigate economic uncertainty. This leads to questions and concerns about managing their workforces with minimal disruption and in a way that mitigates risk from...more

Bradley Arant Boult Cummings LLP

Avoid the Naughty List: Eighth Circuit Insight into Handling Requests for Reasonable Accommodations under the ADA

Bradley Arant Boult Cummings LLP on

We can’t pass up the opportunity to encourage you to stay off the naughty list by telling you about this Eighth Circuit case offering guidance on working with your employees who request ADA accommodations. In Joseph Mobley v....more

Bricker Graydon LLP

[Event] Employment Law Hot Topics - November 8th, Columbus, OH

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Bricker & Eckler’s annual “Hot Topics” seminar provides human resources professionals and in-house attorneys with insight into ongoing and emerging labor and employment issues. This year, we are pleased to partner with Scotts...more

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

Fourth Circuit Reinstates Employee’s Claim That Social Media App Messages Provided Sufficient Notice of a Medical Absence

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

On August 15, 2022, the U.S. Court of Appeals for the Fourth Circuit held in Roberts v. Gestamp West Virginia, LLC, that an employer’s “usual and customary” notice procedures relating to absences extended beyond the company’s...more

Dentons

Discipline Notes as a Lawsuit Defense

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One of the things that happen with the Family Medical Leave Act (FMLA) is a disconnect between the complex structure of the FMLA and its practical application. Plaintiff attorneys will sometimes assert in claims that they...more

Littler

Between a Rock and a Hard Place: Options for Texas Employers in the Face of COVID-19

Littler on

As they struggle to stay afloat during this time of crisis, many employers are looking for legal, humane ways to cut costs, including in payroll and benefits. This article summarizes the current state of Texas law on these...more

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

Untangling Complex Leave Issues – Part II

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

In the second 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 no fault attendance...more

Bradley Arant Boult Cummings LLP

Crosstown Traffic! Facts Surrounding Employee’s ADA/FMLA Request to Avoid Bad Traffic Not Enough

Bradley Arant Boult Cummings LLP on

Not all requests for accommodation or FMLA leave will fit into neat boxes like “pregnancy” or “knee surgery.” Because the ADA definition of a disability includes any impairment that affects a major life function, employers...more

Mintz - Employment Viewpoints

Employers Left in the Dark After U.S. Supreme Court Declines to Issue Ruling on Long Term Leave as a Reasonable Accommodation...

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Last week, the U.S. Supreme Court declined to review a decision by the Seventh Circuit Court of Appeals holding that a multi-month leave of absence is beyond the scope of a reasonable accommodation under the Americans with...more

Jackson Lewis P.C.

Continued Focus On Disability, Leave Management Issues In 2018

Jackson Lewis P.C. on

With the New Year fading from view in the rearview mirror and spring on the horizon (at least for those of us in the Midwest), there are several signs that disability and leave management issues will continue to be hot topics...more

Jackson Lewis P.C.

Seventh Circuit: Multi-Month Leave Of Absence Not A Reasonable Accommodation Under The ADA

Jackson Lewis P.C. on

Determining how long an employer must hold a position for an absent worker is a question that vexes Human resources Directors and Operations management. The Seventh Circuit recently ruled, in Severson v. Heartland Woodcraft,...more

Hogan Lovells

Beware of FMLA Return-From-Leave Pitfalls

Hogan Lovells on

Employers generally assume, correctly, that an employee who fails to report for duty at the end of an FMLA leave with a specified end date can be terminated. ...more

Ruder Ware

Extended Leave is an Accommodation – Maybe Not

Ruder Ware on

As the after effect of the recent Seventh Circuit Court of Appeals decision about extended leave as an accommodation continues to develop, a serious question is developing of whether an employer is obligated to give an...more

Franczek P.C.

At last! Not One, But TWO Court Decisions That Scale Back an Employee's Right to Take Additional Leave After FMLA is Exhausted

Franczek P.C. on

There may not be an issue more difficult in HR land than how to deal with an employee who cannot return to work after FMLA leave expires. Is additional leave beyond 12 weeks required? The answer is almost always ‘yes.’ ...more

Ruder Ware

Seventh Circuit Court of Appeals – Super Human Resource Department?

Ruder Ware on

The Seventh Circuit Court of Appeals (which addresses federal court cases brought in Wisconsin) has stated in the past that it does not intend to be a “super human resource department” for employers. Recent court decisions...more

Cozen O'Connor

I-16 – Kneeling, Indefinite Leave, DC Updates, Non-Compete Consideration, and Pretty as a Protected Class

Cozen O'Connor on

This episode discusses kneeling in the NFL/workplace, indefinite leave entitlement, and sufficient consideration for non-competes, provides an update from DC on OT exemptions and class action waivers, and questions whether...more

Constangy, Brooks, Smith & Prophete, LLP

Extended Medical Leave Not A “Reasonable” Accommodation Under ADA, Court Says

Constangy, Brooks, Smith & Prophete, LLP on

This week, a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit held that a “multimonth leave of absence is beyond the scope of a reasonable accommodation” under the Americans with Disabilities Act. ...more

Fisher Phillips

2 Essentials For Dealing With Employees Attempting To Game the System

Fisher Phillips on

Today’s workplace is fraught with legal traps for well-intentioned but unwary managers. But one issue stands out far above the rest as perhaps the single biggest employee challenge in today’s workplace: malingering employees...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Capstone Logistics For Disability Discrimination

U.S. Equal Employment Opportunity Commission... on

Human Services Provider Unlawfully Fired Employees Who Needed Medical Leave, Federal Agency Charges - WILMINGTON, Del. - Connections CSP, Inc., one of Delaware's largest non-profit organizations that provides health care,...more

Proskauer - Law and the Workplace

Seventh Circuit Holds That FMLA Limitations Period Begins To Run At Time Of Each Leave Denial

Proskauer - Law and the Workplace on

On October 20, the Seventh Circuit held, in Barrett v. Illinois Department of Corrections, that a former state employee’s Family and Medical Leave Act (“FMLA”) denial of leave claim was untimely because suit was not filed...more

Franczek P.C.

After He Allegedly Showed Up Drunk to Practice, Should Former USC Football Coach Steve Sarkisian Have Been Placed on FMLA Leave...

Franczek P.C. on

A question was posed to me on Twitter this past week: Shouldn’t former University of Southern California (USC) football coach Steve Sarkisian have been placed on FMLA leave to get treatment for apparent alcoholism instead of...more

Franczek P.C.

Is Amazon the Scapegoat in the Debate on Employee Leave Entitlements? What's the Lesson Here for Employers?

Franczek P.C. on

Amazon has been making headlines lately. And it’s not because the company is offering generous discounts on Amazon prime delivery. Over the past few weeks, Amazon has been hit hard in the media after several current and...more

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

Inability to Work Under A Particular Supervisor Is Not a Disability in California

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

In response to standard negative performance feedback from a supervisor, an employee takes a leave of absence due to stress and submits a medical note stating that the employee must be transferred to another department as an...more

Littler

DOL Issues Updated FMLA Notices and Forms Addressing GINA "Safe Harbor" Language Requirements

Littler on

The U.S. Department of Labor (DOL) recently issued new versions of the agency's template Family and Medical Leave Act (FMLA) notices and certification forms, which have been approved for use for the next three years.  The new...more

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