News & Analysis as of

Serious Health Conditions

Ward and Smith, P.A.

Part 2 in Heatwaves of Drama: A Case Study in "What Not To Do" for Southeastern HR Professionals

Ward and Smith, P.A. on

The session used the firm’s signature Live-Action Role-Play (LARP) technique to feature insights from Ken Gray, leader of the Labor and Employment Law Group, Amy Fitzhugh, a professional licensing attorney, and Hayley Wells,...more

Jackson Lewis P.C.

Final Proposed Rules & Updated FAQs Published Regarding Minnesota’s Paid Leave Law

Jackson Lewis P.C. on

Minnesota’s Paid Leave Division recently published final proposed rules (“Proposed Rules”) that, if adopted, will regulate the state’s Paid Leave Law. The Paid Leave Law establishes a benefit insurance program for paid family...more

Steptoe & Johnson PLLC

Participation in Clinical Trial is FMLA-Protected, DOL Says

Steptoe & Johnson PLLC on

On November 8, the Department of Labor (DOL) issued an opinion letter addressing an interesting question under the Family and Medical Leave Act (FMLA): Can an employee take FMLA leave to participate in a clinical trial for...more

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

DOL’s Wage and Hour Division Weighs in on FMLA Use for Clinical Trials

In an opinion letter dated November 8, 2024, the Wage and Hour Division of the U.S. Department of Labor (DOL) responded to a question posed by an organization dedicated to finding a cure for specific diseases. ...more

Jackson Lewis P.C.

Maryland’s Impending FAMLI Program: What Employers Need to Know Now

Jackson Lewis P.C. on

Maryland’s Department of Labor (MDOL) has released proposed regulations to implement the state’s paid family and medical leave insurance (FAMLI) law. The FAMLI law will provide benefits to workers in the state who take leave...more

Jackson Lewis P.C.

Granting FMLA Leave for Clinical Trials: Five Key Points from the DOL’s New Guidance for Employers

Jackson Lewis P.C. on

The U.S. Department of Labor’s Wage and Hour Division issued an opinion letter on Nov. 8, 2024, affirming that employees may use Family and Medical Leave Act (FMLA) leave when participating in clinical trials. This is...more

Sheppard Mullin Richter & Hampton LLP

What a Headache: The Third Circuit Finds That a Plaintiff’s Migraines Were Not a Serious Health Condition Under the FMLA

On October 11, 2024, in the matter of Ephriam Rodriquez v. Southeastern Pennsylvania Transportation Authority (“SEPTA”), the Third Circuit Court of Appeals addressed the legal standards for establishing a “serious health...more

Constangy, Brooks, Smith & Prophete, LLP

You be the judge: Does this ADA plaintiff have a case?

Based on a real lawsuit. Names have been changed to protect the innocent. Facts may not be 100 percent accurate. PART ONE: Imagine you're the boss. You run a fast-food franchise, Flippin' Burgers. You hire Gwendolyn to...more

ArentFox Schiff

Federal Court Scales Back HIPAA Online Tracking Technology Guidance

ArentFox Schiff on

On June 20, a federal district court in Texas ruled that the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) exceeded its authority under the Health Insurance Portability and Accountability Act...more

McAfee & Taft

Not what he asked for, but unpaid leave of absence ruled to be appropriate ADA accommodation

McAfee & Taft on

When an employee suffering from a health condition comes to you with a proposed job modification to accommodate their condition, by all means consider the accommodation they have requested. But remember: an employer can offer...more

Patrick Malone & Associates P.C. | DC Injury...

Better Healthcare Newsletter - October 2022

Too many women in this country suffer serious health harms or even die during pregnancy and just after. Too many infants in this country suffer serious health harms or die in the first year after they are born. There is no...more

Jackson Lewis P.C.

Maine Expands State FMLA To Allow Leave To Care For Serious Health Conditions Of Grandchildren

Jackson Lewis P.C. on

Maine employees will soon be eligible to take protected unpaid leave to care for serious health conditions of their grandchildren. On June 14, 2021, Governor Janet Mills signed into law L.D. 61, an Act to Include Grandparents...more

Patrick Malone & Associates P.C. | DC Injury...

Better Healthcare Newsletter from Patrick Malone - April 2021

IN THIS ISSUE - As patients return to regular care, can they avoid medicine's costly excesses? Checklists of symptoms to watch for and act on - From pandemic's adversity, opportunity - It's unwise to defer...more

Sheppard Mullin Richter & Hampton LLP

California Employers Should Be Aware of Updates to Leave Requirements

The Ninth Circuit and the California legislature recently updated employer leave requirements, impacting California employers. The Ninth Circuit recently handed down two decisions regarding leave under the Family Medical...more

Jaburg Wilk

Telemedicine Should Now be Considered an In-Person Visit for FMLA Purposes.

Jaburg Wilk on

In what seems like an ongoing spate of agency guidance, the United Stated Department of Labor’s Wage and Hour Division has joined the fray by issuing guidance today (Dec. 30, 2020) regarding utilizing telemedicine as a means...more

McAfee & Taft

Is being sick of it all sick enough? Court says burnout not a serious health condition under the FMLA

McAfee & Taft on

In this COVID world that makes one wonder if the apocalypse is upon us, mental health is a serious issue. Around the world, normal stressors such as work, finances, education and childcare have been exacerbated by health...more

Womble Bond Dickinson

CBD For Your ‘Fur’ever Friends

Womble Bond Dickinson on

People love their pets. The American Pet Products Association reported that pet owners spent $95.7 billion on their pets in 2019 and estimated the 2020 spend will be $99 billion. Combine the love for pets with cannabidiol...more

Lewitt Hackman

New Guidance for Employers on COVID-19 in the Workplace

Lewitt Hackman on

After several months, California’s Department of Fair Employment and Housing (DFEH) released updated guidance on COVID-19 in the form of FAQs. The new guidance provides answers to many questions employers face when re-opening...more

Fisher Phillips

5 Most Likely FMLA Changes That Could Be On The Horizon, Per DOL Information Request

Fisher Phillips on

The Department of Labor just provided employers a sign that it might be open to altering the Family and Medical Leave Act regulations and guidance, perhaps resolving some of the more difficult aspects of the law that cause...more

Pierce Atwood LLP

COVID-19: EEOC Provides Additional Guidance on High-Risk Workers

Pierce Atwood LLP on

In our May 19, 2020 alert, Plan Now for Bringing Back Your Workforce – Part IV, we detailed the EEOC's guidance on high-risk employees (i.e. employees with medical conditions that render them particularly vulnerable to...more

Jackson Lewis P.C.

Washington: Proclamation Extending Time Period For High-Risk Employee Job Protection

Jackson Lewis P.C. on

Washington State Governor Jay Inslee has issued a new Proclamation that extends until 11:59 p.m. on August 1, 2020, the job protections in place for “high-risk” Washington employees. The job protections were to expire at...more

Pillsbury Winthrop Shaw Pittman LLP

Mitigating Employment Law Risks as COVID-19 (Coronavirus) Spreads

COVID-19 raises potential employment law compliance issues under several areas of U.S. federal, state and local statutes. A host of federal, state, and local laws place limits on how employers may implement infection...more

Goodwin

Responding to the Coronavirus Outbreak: Ten Questions and Answers for Employers

Goodwin on

The disease caused by the novel coronavirus, known as COVID-19, has been rapidly spreading around the world, including recently in the United States. The most recent guidance from the Centers for Disease Control and...more

Stoel Rives - World of Employment

Pay, Leave, and Scheduling Issues Due to the Coronavirus (COVID-19)

With hourly reports of a possible coronavirus (COVID-19) pandemic in the news, employers are confronted with preparing for widespread employee absences or a pandemic situation. Among many issues to consider is how to treat...more

Stoel Rives - World of Employment

Benefits Kick in for Washington Employees Under the New Paid Family and Medical Leave Act

Beginning January 1, 2020, Washington employees will have access to the benefits of Washington’s Paid Family and Medical Leave (“WPFML”) law, administered by the Washington Employment Security Department (“ESD”). Nearly all...more

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