Imagine you have 40 employees and operate a vocational training school. One of your employees who has worked with you for a year advises you that her son needs a kidney transplant; that she is a match as a donor; and that she would like a leave to undergo surgery. She said the doctors have told her that...
In a case of first impression, the United States District
Court for the Second Circuit recently held that the law requires an employer to
pay an employee returning from military service to a commission-based job the
same total amount of pay he or she received prior to activation- the employer
Last week, Rep. Lynn Woolsey (D-CA) reintroduced the Domestic Violence Leave Act , which expands paid leave
options for victims of domestic abuse, sexual assault, or stalking.
Details of the Domestic Violence Leave Act
Here is a brief summary of the act, courtesy of this press release from Rep...
The FMLA allows for two different theories of
recovery-interference and retaliation. Interference is when an employer
denies an FMLA benefit to which an employee is entitled and of which the
employee provided notice. Retaliation is when an employee's use of a
protected FMLA right causes an employer's...
could be that the purpose of your life is only to serve as a warning to others.
In any event, that must be what the American Medical
Association is thinking. The organization took it on the chin this week in a case
involving the Family and Medical Leave Act.
The case is well worth a post...
Know your employer's sick leave policy. Most employers
require that you call in as soon as you know you won't make it. No law requires
paid sick leave.
Family and Medical Leave: applies if you have a serious medical
condition and need several days off, or need intermittent leave for...
by Phyllis Katz
In a case decided in late August, Weth v O'Leary , a federal court in Virginia sent a
wake-up call to all public employer supervisors when it held that the Treasurer
of Arlington County could be held personally liable for interfering with the
rights of an employee who was on...
Employers with 50 or more employees in 20 or more
workweeks in the current or preceding calendar year, including joint employers
and successors to covered employers, must comply with the Family and Medical
Leave Act ("FMLA"). The FMLA requires covered employers to comply
with various notification...
case of first impression in the Third Circuit Court of Appeals, which
covers PA, NJ, DE, and USVI, the court ruled that a supervisor in a public
agency may be subject to personal liability under the Family and Medical Leave Act . The court further emphasized
that there is "no reason...
Last week, I discussed the bounds
of the "honest belief rule" as a defense to a discrimination claim.
Yesterday, in Seeger
v. Cincinnati Bell Telephone Co. [pdf] , [ an enhanced version of this opinion is available to lexis.com subscribers ]the 6th Circuit used that same
defense to affirm...
In Coleman v. Maryland Court
of Appeals [ an enhanced version of this opinion is available to lexis.com subscribers ],
the Fourth Circuit joined five other appellate courts in holding that the
self-care provision of the Family and Medical Leave Act does not apply to the
states because Congress did...
And here I thought close only counted in the first two...
Who knew that close enough is good enough under the Family and Medical Leave Act (FMLA) when meeting the 1,250-hour eligibility requirement? Apparently, the Second Circuit Court of Appeals in this recent decision .
In Donnelly v. Greenburgh...
Last month, in this post , I addressed a recent opinion in which the court held that the words "Emergency Room," when uttered by an employee to his employer are enough to put the employer on notice -- at least initially -- that the employee needs leave under the Family and Medical Leave Act...
Just because an employee makes a request for FMLA leave does not excuse an employee from complying with an employer's attendance policies. According to section 825.302(d) the FMLA's regulations :
An employer may require an employee to comply with the employer's usual and customary notice...
Most people know that FMLA covers leave to care for a son
or daughter who is under 18 and has a serious health condition. But, did you
know that FMLA also covers a child who is "18 years of age or older and
incapable of self-care because of a mental or physical disability?"
Employers, has this ever happened to you?
An employee in a critical-but-inflexible position -- say,
a customer service representative -- asks for "intermittent" leave
under the Family and Medical Leave Act. If the intermittent time off is
"scheduled," it's usually not too...
In celebration of the FMLA's 20th anniversary, the Department of Labor released the results of a survey of
employers on their experiences managing the statute. According to the DOL,
" employers generally find it easy to comply with the law , and ... the vast
majority of employers, 91 percent...
turned 20 last week and there has been a flurry of articles and posts
discussing how the FMLA has changed the workplace, whether it imposes too high
of a burden on employers, and predicting how it will likely continue to evolve.
Academic commentary aside, though, we all know that the FMLA...
I know you are busy, but I am hoping you can take a few minutes
out of your sequester stuff to help with the Family and Medical Leave Act, as
amended by the National Defense Authorization Act of 2008, as amended again by
the National Defense Authorization Act for Fiscal Year...
Family and Medical Leave Act (FMLA) policies have been
the subject of many changes over the past several years. The FMLA entitles an
eligible employee to take up to 12 weeks (and in some situations 26 weeks) of
unpaid leave during a 12-month period for a qualifying reason. The addition of