News & Analysis as of

Medical Leave Corporate Counsel

Maynard Nexsen

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

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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

Fisher Phillips

Governor Signs Sweeping Changes to Untangle Oregon’s Jumbled Leave Laws: Key Takeaways and a 5-Step Action Plan for Employers

Fisher Phillips on

Governor Kotek signed a bill into law today harmonizing Oregon’s overlapping and confusing set of leave laws. The new framework distinguishes different types of leave events under the state’s various laws and stops those...more

Littler

Maine Poised to Enact Sweeping Paid Family and Medical Leave Law

Littler on

After clearing necessary procedural and financial hurdles this week, Maine is set to enact one of the broadest and most generous paid family and medical leave programs in the country....more

Venable LLP

Responding to Mental Health Accommodation Requests

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Many employers have experienced an increase in employee requests for accommodations in the past few years. A federal jury’s recent award in Lisa Menninger v. PPD Development L.P. reminds employers that accommodation requests,...more

Jackson Lewis P.C.

Appellate Court Addresses How Much Information Employee Must Submit to Support an Accommodation Request

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One of the many difficult issues employers face under the Americans with Disabilities Act (ADA) is determining what information a disabled employee must provide to an employer to trigger the employer’s duty to accommodate a...more

Epstein Becker & Green

Abortion-Related Time Off After Dobbs: How the FMLA and Other Laws Might Apply

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The U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, overturning Roe v. Wade and Casey v. Planned Parenthood and leaving the legality of abortion up to each state, inevitably will increase the...more

Poyner Spruill LLP

Employer Avoids “Cat’s Paw” Liability in FMLA Retaliation Case Through Independent Review

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The Family and Medical Leave Act (FMLA) prohibits employers from retaliating against employees for taking FMLA leave. In the case of Parker v. United Airlines, Inc., which recently reached the United States Court of Appeals...more

Butler Snow LLP

6th Circuit Reinstates Failure-to-Accommodate Claim Against Employer That Terminated Employee With Outstanding Leave Request

Butler Snow LLP on

Once an employee requests an accommodation, the employer has a duty to engage in an “interactive process” to try to determine whether the employer can accommodate the employee’s disability...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says USERRA Requires Reinstatement to Equivalent but Not Identical Position

The Uniformed Services Employment and Reemployment Rights Act (USERRA) contains some of the most expansive employee rights provisions under federal law, requiring employers not only to reinstate service members to their...more

Stoel Rives - World of Employment

Ninth Circuit Rules That a Temporary Impairment Can Qualify as a “Disability” Under the ADA

The U.S. Court of Appeals for the Ninth Circuit, the federal appellate court with jurisdiction over much of the western United States (including Washington, Oregon, California and Idaho), ruled last week that an employee’s...more

Jackson Lewis P.C.

New Paid Family Leave Laws Sprout in Maryland, District of Columbia, Virginia Region

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Both Maryland and Virginia have joined the District of Columbia in enacting laws relating to paid family and medical leave for private-sector workers. Following in the footsteps of the District of Columbia, the Maryland law...more

Manatt, Phelps & Phillips, LLP

Employee’s Suit Over Possible Termination Due to COVID-19 Moves Forward

An employee who was allegedly terminated for taking several days of medical leave for a respiratory illness that could have been COVID-19 can move his lawsuit forward, a New York federal court has ruled....more

Poyner Spruill LLP

Keep in Touch: Fourth Circuit Issues Reminder of The Importance of Communicating With Employees on Leave

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Last week, the United States Court of Appeals for the Fourth Circuit—the court that decides federal appeals from South Carolina, North Carolina, Virginia, West Virginia, and Maryland—issued an unpublished opinion that serves...more

Laner Muchin, Ltd.

Seventh Circuit Affirms that Multi-Month Leave of Absence Is Not Reasonable Accommodation Under ADA

Laner Muchin, Ltd. on

In a recent opinion, the United States Court of Appeals for the Seventh Circuit affirmed that a multi-month leave of absence is not a reasonable accommodation under the Americans with Disabilities Act (ADA)....more

Fisher Phillips

November 2020: The Top 16 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Rosenberg Martin Greenberg LLP

Fast Facts about the Emergency Family and Medical Leave Expansion Act (EFMLA) Provisions of the Family First Coronavirus Response...

On March 18, 2020, the FFCRA was enacted.  Below are some fast facts employers need to know regarding how the FFCRA has modified the Family Medical Leave Act (FMLA)....more

Littler

Coronavirus (COVID-19) Employer FAQs

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The spread of the novel coronavirus (COVID-19) across the globe remains a significant concern in the workplace. Employers are confronting difficult questions regarding how to handle leave and accommodation, immigration,...more

Proskauer - California Employment Law

Employer That “Mistakenly” Terminated Employee On Disability Leave May Be Liable For Discrimination

Glynn v. Superior Court, 42 Cal. App. 5th 47 (2019) - John Glynn worked as a pharmaceutical sales representative before he commenced a medical leave of absence for a serious eye condition (myopic macular degeneration)....more

Ballard Spahr LLP

SECURE Act In; Cadillac Tax Out: The Spending Act Makes Serious Changes to Benefits Rules

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Below is a summary of those key provisions. I. SECURE Act The Setting Every Community Up for Retirement Enhancement Act of 2019 (the SECURE Act, H.R. 1994) is arguably the most significant and comprehensive retirement saving...more

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

FMLA Retaliation Case Illustrates the Practical Significance of Effective HR Documentation

In Simpson v. Temple University, et al., the U.S. District Court for the Eastern District of Pennsylvania granted summary judgment to the defendants on the plaintiff’s claims of interference and retaliation under the Family...more

FordHarrison

Employers Relax After Tennessee Court Rejects Anxious Employee's Failure to Accommodate Claim

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On Tuesday, October 22, 2019, a Tennessee federal judge rejected a lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC) in which it claimed a nursing home failed to accommodate an employee with anxiety. ...more

Cozen O'Connor

Countdown to 2020: Five Hot Compliance Tips to Keep HR Professionals Out of Hot Water

Cozen O'Connor on

It is time to make sure you are ready for 2020 (and beyond). Here are five (5) hot HR compliance issues you should be tracking and implementing: New Salary Thresholds for Exempt Employees under the Fair Labor Standards Act -...more

Jackson Walker

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

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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

Manatt, Phelps & Phillips, LLP

Court Takes Points Off for Employer’s FMLA Violation

An employee’s lawsuit alleging violations of the Family and Medical Leave Act (FMLA) will move forward after the U.S. Court of Appeals for the Sixth Circuit found the employer’s point system effectively violated the...more

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