News & Analysis as of

Intermittent Leave

Constangy, Brooks, Smith & Prophete, LLP

FMLA abuse: 5 things this employer did right

How'd that happen? An employer who terminated an employee after he took intermittent FMLA leave for diabetes won its case, and recently won again on appeal. According to both courts, the employee appeared to be trying to...more

Miller Nash LLP

[Webinar] Embracing Change: A Guide to Oregon's Evolving Leave Laws Landscape - May 29th, 9:00 am - 10:30 am PDT

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Paid Leave Oregon (PLO) continues to shape the landscape of Oregon employment benefits since going into effect on September 3, 2023, and employers have faced ongoing challenges in navigating its complexities. In addition, the...more

Benesch

11th Circ. FMLA Ruling Deepens Divide Over Causation

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In a win for employers located in Florida, Georgia and Alabama, the U.S. Court of Appeals for the Eleventh Circuit recently concluded that retaliation claims brought under the Family and Medical Leave Act are subject to a...more

Parker Poe Adams & Bernstein LLP

FMLA Requires Employers to Adjust Work Expectations

When we talk with employers about employees taking Family and Medical Leave Act leave, we sometimes get questions about the impact of the employee’s absence on the business. We in turn explain that the FMLA is an entitlement,...more

McGlinchey Stafford

What do recent DOL opinions on FMLA mean for intermittent leave and holidays?

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The Family Medical Leave Act (FMLA) allows an employee to take up to 12 weeks of unpaid and job-protected leave for qualifying family and medical reasons. The FMLA also requires employers to maintain health benefits while an...more

Haynsworth Sinkler Boyd, P.A.

DOL Issues Important Opinion Letter on FMLA

The Department of Labor (DOL) issued a public opinion letter on February 9, 2023, in response to an employer’s inquiry about an employee’s inability to work more than an eight-hour day due to a Family Medical Leave Act (FMLA)...more

Amundsen Davis LLC

Employers Beware: Calculating FMLA Intermittent Leave Can Result in More (or Less) than 480 Hours Per Year

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Most employers with 50+ employees are aware that under the federal FMLA, eligible employees may, for qualifying reasons, take up to 12 weeks of unpaid leave during a 12-month period. Employers are also aware that employees...more

Constangy, Brooks, Smith & Prophete, LLP

How to handle wage-hour issues with remote workers

The USDOL has issued a handy little guide. One of the biggest challenges employers with remote workers face is how to comply with wage and hour laws. Yesterday, the U.S. Department of Labor issued a Bulletin discussing the...more

Manatt, Phelps & Phillips, LLP

Sixth Circuit Reverses Dismissal of FMLA Action

Reversing summary judgment in favor of an employer in a Family and Medical Leave Act (FMLA) action, a panel of the U.S. Court of Appeals for the Sixth Circuit held that an employee was not required to provide details each...more

Parker Poe Adams & Bernstein LLP

Employee Approved for Intermittent FMLA Leave Only Needs to Provide General Notice of Need for Absences

Intermittent medical leave requests under the Family and Medical Leave Act (FMLA) present some of the most vexing legal and business challenges for employers. The unpredictability of these absences can create scheduling and...more

Fisher Phillips

Federal Appeals Court Throws Up a Flare for Intermittent FMLA Leave Compliance

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A federal appeals court just ruled that an employee had provided sufficient notice for his need for intermittent FMLA leave and subsequent absences due to “flare ups” of recurrent depression – even though he had only provided...more

Fisher Phillips

Massachusetts Enacts Yet Another COVID-19 Paid Leave Obligation for Bay State Employers

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Massachusetts Governor Charlie Baker signed legislation on May 28 creating another statewide mandate for employers to provide emergency paid leave related to COVID-19. The COVID-19 Paid Leave obligations outlined in this...more

Bradley Arant Boult Cummings LLP

Coming Back (or Staying Gone) for More: ARPA Extends Tax Credits for Providing COVID-19 Leave

Just when you had your COVID-19 leave policies in place, Congress goes and passes new legislation: the American Rescue Plan Act (ARPA). Remember, as we outlined in a previous blog post, the Families First Coronavirus Response...more

Mintz - Employment Viewpoints

Getting Back to Basics: Intermittent FMLA Leave

In concept, the FMLA is simple. In practice, however, administering FMLA leave, particularly on an intermittent basis can quickly become complicated, and many employers struggle trying to track and manage intermittent...more

U.S. Equal Employment Opportunity Commission...

Treehouse Foods Sued by EEOC for Disability Discrimination

Nineteen-Year Employee With Disabilities Denied Intermittent Leave as Reasonable Accommodation and Then Fired, Federal Agency Charges - ATLANTA – Treehouse Foods, Inc. / Treehouse Foods Private Brands, Inc., a food...more

Fox Rothschild LLP

Updated: Temporary FFCRA Regulations Clarify Leave, Small Business Exemption - January 2020

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On April 1, 2020, the U.S. Department of Labor (DOL) published temporary regulations under the Families First Coronavirus Response Act (FFCRA) that are intended to clarify the scope and application of leaves under the FFCRA...more

Foley & Lardner LLP

Massachusetts Paid Family and Medical Leave: Answers to Employers’ FAQs

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Employees in Massachusetts will soon be eligible for up to 26 weeks of paid family and medical leave. As explained in a recent post, benefits established by the Massachusetts Paid Family and Medical Leave (PFML) law...more

Jackson Lewis P.C.

Connecticut Paid FMLA: What Employers Need To Know Now

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With a difficult 2020 nearing its end, if Connecticut Paid FMLA has recently reappeared on your radar, don’t fret! Simply review the below basics to prepare for this upcoming change. As a reminder, last summer (i.e., an...more

Downs Rachlin Martin PLLC

Updates to Paid Leave Requirements Under FFCRA

Downs Rachlin Martin labor and employment attorney Beth Rattigan goes over updates to paid leave requirements under the Families First Coronavirus Response Act. FFCRA revisions and clarifications include: who is eligible,...more

Littler

Oregon Bureau of Labor and Industries Issues Temporary Rules under the Oregon Family Leave Act for School or Child Care Provider...

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Leave Act (OFLA) to include the need to care for a child whose school or child care provider has closed as a result of a statewide public health emergency declared by a public health official as a qualifying reason for leave....more

Bass, Berry & Sims PLC

DOL Issues Another Round of Guidance on FFCRA

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On September 11, in response to a New York federal district court striking down some of the Department of Labor (DOL) regulations regarding the Families First Coronavirus Response Act (FFCRA), the DOL issued guidance...more

McAfee & Taft

Department of Labor’s revised FFCRA regulations are now in effect

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On September 16, 2020, the U.S. Department of Labor’s revisions to the Families First Coronavirus Response Act (FFCRA) went into effect nationwide. The revisions were made to assist employers in interpreting their obligations...more

Sheppard Mullin Richter & Hampton LLP

DOL Revises FFCRA Regulations in Light of New York Federal Court Decision

As we previously reported, on August 3, 2020 the U.S. District Court for the Southern District of New York (the “District Court”) struck down four provisions of the Department of Labor’s (“DOL”) regulations interpreting...more

Foley Hoag LLP

U.S. Department of Labor Revises Families First Coronavirus Response Act Regulations

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Responding to a recent New York federal court decision invalidating certain of its regulations interpreting the paid leave provisions of the Families First Coronavirus Response Act (FFCRA), the U.S. Department of Labor (DOL)...more

Cole Schotz

United States Department Of Labor Amends FFCRA Regulations Effective September 16, 2020

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We have posted repeatedly about the Families First Coronavirus Response Act (“FFCRA”), which was enacted on April 1, 2020 to provide certain employees with leave and benefits necessitated by COVID-19. Effective September 16,...more

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