News & Analysis as of

Unpaid Leave Family and Medical Leave Act (FMLA) Employer Liability Issues

Lerch, Early & Brewer

Maryland Law Provides Protected Organ and Bone Marrow Donation Leave – Do Your Policies to Comply?

Lerch, Early & Brewer on

Effective October 1, 2019, employers with 15 or more employees in Maryland must provide eligible employees with unpaid leave to serve as organ or bone marrow donors. Leave provided under the law is separate from, and cannot...more

Dickinson Wright

The 6th Circuit Clarifies Retaliation Under the FMLA

Dickinson Wright on

On January 25, 2023, the United States Court of Appeals for the Sixth Circuit held that an employee’s notice of need for leave, regardless of whether the employee was ultimately entitled to the leave, was protected conduct...more

Bradley Arant Boult Cummings LLP

Are Your Employees Covered by a State Paid Family and Medical Leave Program? The CRS Can Tell You If They Are

Paid leave benefits are a hot topic these days. The Congressional Research Service (CRS) has issued an updated report on states that have Paid Family and Medical Leave (PFML) programs and how they work....more

Cranfill Sumner LLP

[Webinar] Employment Law Roundtable 2022 - April 21st, 10:00 am - 11:00 am ET

Cranfill Sumner LLP on

Employment attorneys from our firm will discuss a range of Employment Law topics, including recognizing the importance of the agency principle, managing the manager, challenging the paradigm of no due process for at-will...more

Dentons

Let’s Talk About Grief: Bereavement Policies in the Evolving Workplace

Dentons on

Grief and bereavement leave are complex issues for many employers. Employers may have defined bereavement policies of 3 to 5 days for leave while the fallout from the death of a loved one can rarely be encapsulated in a...more

FordHarrison

[Webinar] Leave Compliance Alphabet Soup: ADA/FMLA/WC - February 23rd, 2:00 pm - 3:00 pm ET

FordHarrison on

Join FordHarrison St. Louis attorneys Karen Milner and Roy Smith as they discuss employer notice requirements and substantive obligations under the FMLA, ADA and worker’s compensation. Topics to be covered include: -...more

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

Texas Supreme Court Rules Request for Disability Accommodation Does Not Support Retaliation Claim Under State Law

Texas courts generally look to federal courts’ interpretation of federal anti-discrimination laws to assist in interpreting the anti-discrimination provisions of the Texas Commission on Human Rights Act (TCHRA). However, the...more

Jaburg Wilk

Your Attendance Policy May Be a Ticking Time Bomb

Jaburg Wilk on

The EEOC has long waged war against “no-fault” or rigid employment policies. No-fault attendance policies penalize employees by issuing them points (also known as occurrences) for absences, late arrivals and early departures....more

Fisher Phillips

8-Point Plan For Restaurant And Hospitality Employers During The COVID-19 Coronavirus Outbreak

Fisher Phillips on

Restaurants and Hospitality businesses are on the front lines of dealing with the COVID-19 coronavirus outbreak. What should you consider in the coming days, weeks, and months to deal with the COVID-19 coronavirus crisis?...more

Troutman Pepper

Employer Planning for Coronavirus

Troutman Pepper on

With more than 90,000 cases of coronavirus (COVID-19) across 65 countries, it is only a matter of time before the disease has an impact on normal business operations. However, as the virus continues its march around the...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

Verrill

HR Law 101 Ep. 10: Are You Aware of the Family Medical Leave Act? Part 1

Verrill on

In this episode of our HR Law 101 series, attorney Tawny Alvarez discusses the Family Medical Leave Act or FMLA. In part 1, we discuss the federal act generally, including who it is applicable to, what rights an employee has,...more

Nilan Johnson Lewis PA

Ask a Lawyer: As an Employer, What Are My Parental Leave Obligations?

Nilan Johnson Lewis PA on

Question: One of my employees recently shared with me that she is expecting a baby. We’re a small, but growing company, with about 25 employees. I know we’re not covered by the Family and Medical Leave Act, but I want to make...more

Miller Canfield

DOL Opinion Letter: Employers Cannot Delay Designation of FMLA-Qualifying Leave

Miller Canfield on

Employers can't delay the designation of a Family and Medical Leave Act-qualifying paid leave or provide additional FMLA leave beyond the 12-week FMLA entitlement, according to a new opinion letter issued by the Department of...more

BCLP

DOL: Employers May Not Delay FMLA Designation, Even at Employee’s Request

BCLP on

It is not uncommon for employees to ask whether they can first use paid time off available under the employer’s leave policies and “save” their unpaid - and protected - Family and Medical Leave Act (FMLA) leave entitlement...more

Fox Rothschild LLP

New Jersey Expands Paid And Unpaid Leave

Fox Rothschild LLP on

New Jersey is significantly expanding an employee’s right to paid and unpaid leave. Employers should begin reviewing their policy materials to comply with new legislation signed by Governor Phil Murphy on February 19, 2019. ...more

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

Untangling Complex Leave Issues – Part I

In the first 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 the interplay between the...more

Zuckerman Spaeder LLP

Bakery Says Employee’s FMLA Claims Don’t Rise to the Occasion

Zuckerman Spaeder LLP on

Under the Family Medical Leave Act (“FMLA”), employers are required to provide 12 weeks of unpaid leave to employees with certain family or medical issues. These issues include attending to serious health conditions that make...more

Constangy, Brooks, Smith & Prophete, LLP

FMLA Quirks Quiz!

Here is a quiz about some of the quirkier aspects of the Family and Medical Leave Act. How much do you know about these FMLA oddities? Unless otherwise indicated, you can assume that all of our hypothetical employers are...more

Bradley Arant Boult Cummings LLP

Your Employee Is a Victim of Domestic Violence—What Should an Employer Do?

New Zealand parliament recently passed a law granting employees 10 days of extra paid leave each year for victims of domestic violence to change their living situations and not lose their jobs. According to some U.S....more

K&L Gates LLP

Working Wise: Workplace Considerations Related to the Opioid Epidemic

K&L Gates LLP on

In this episode, Ryan Redekopp discusses some of the major workplace considerations related to the opioid epidemic, including potential signs that an employee might be suffering from addiction; considerations related to drug...more

Cozen O'Connor

I-13 – Policies, Policies, Policies, and Microchips Embedded in Employees

Cozen O'Connor on

Michael Schmidt of Cozen O'Connor addresses recent trends and noteworthy developments on certain employment policies related to political activity, confidential customer information, FMLA retaliation, and maximum leave...more

Fisher Phillips

Paternity Leave Policies: Proceed With Caution

Fisher Phillips on

For new parents, time at home to bond with their newborn child during the first few months after birth or adoption is very important. This small window is also important for fathers, as they did not have a chance to bond with...more

Mintz - Employment Viewpoints

Intermittent Leave Under the FMLA – The Basics

Congress adopted the Family and Medical Leave Act of 1993 (“FMLA”) to provide job security for employees who must miss work due to their own serious health condition, the birth of their children, to care for family members...more

Fisher Phillips

Is It Time To Recall Some Of Your HR Policies?

Fisher Phillips on

Factory recalls have become a fact of life for those who sell and drive vehicles. The scenarios have a common theme: a vehicle part does not operate as designed or is determined to present a possible risk of failure. Once...more

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