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...
Can an individual supervisor be held liable when an
employee files suit? Well, like all legal questions, it depends. The Third
Circuit Court of Appeals issued an opinion yesterday expanding the instances
when the answer to this question is yes in Haybarger v. Lawrence
County Adult Probation &...
ABC News has reported the
interesting case of an employee who asked to have time off because of a
pregnancy and was told that since she did not have leave available under the
FMLA, she would be treated as a voluntary resignation when she did not report
to work. The employee recorded the conversation...
The Family and Medical Leave Act allows an employer to require
that a employee's request for FMLA leave be supported by a certification issued
by the employee's health care provider. Here's an example of one of the right ways to do this from a recent
On April 4, 2006, Jerry Romans received a call
at work from his sister, who told him that his terminally ill mother was
unlikely to survive the night, and decisions needed to be made about whether to
keep her on life support. Prior, Romans had submitted paperwork to his employer
certifying that he...
An employee does not become eligible to take FMLA
leave until he or she has worked at least 1,250 hours and 12 months. But,
according to the 11th Circuit, being eligible to take leave is not the same as
being eligible to request leave. Employers should be mindful of the court's
Yesterday, the U.S. Supreme Court in Coleman
v. Court of Appeals of Md. [ an enhanced version of this opinion is available to lexis.com subscribers] held that state employees have no cause of
action under the self-care provision (last bullet point in the hyperlink) of
the Family and Medical
In Poling v. Core Molding Technologies (S.D. Ohio 2/9/12) ,
the plaintiff, who suffered from Reflex Sympathetic Dystrophy Syndrome , claimed that his
employer interfered with his FMLA rights when it terminated him for excessive
absences. Poling's problem, however, was that he never adequately...
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...
Giddyap! It's been a short week, but we have tons to talk about in the labor and employment law world!
Thinking out loud about the impact of yesterday's DOMA decision on the Family and Medical Leave Act. The U.S. Court of Appeals for the First Circuit* held yesterday that Section 3 of the...
Last week, the Department of Labor issued the Family and Medical Leave Act Employee Guide . It's a helpful resource for employers and employees alike. Check out the flow charts! The guide is concise enough to serve as a quick reference, but detailed enough to touch on some of the finer points. For...
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...
by Laura Salerno
The Department of Labor has issued a final rule,
effective March 8, 2013, which expands the protections of the Family Medical
Leave Act for families of military veterans and for airline flight crews.
Employers should be aware that additional employees may now be entitled...
The Family and Medical Leave Act ("FMLA") entitles
eligible employees of covered employers to take unpaid leave for (1) the birth
of a child and to care for the newborn child; (2) the placement of a child for
adoption or foster care and to care for the newly placed child within one year
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
by Ann Kontner
Busy HR Managers should be aware that there have been two
recent compliance changes that require their immediate attention. These are a
change in the Form I-9 and the Family and Medical Leave Act.
New Form I-9 (Employment Eligibility
Verification Form) Issued
On March 8, 2013...
by Ruth T. Griggs
The Health Insurance Portability and Accountability Act, better known as HIPAA, protects the privacy and security of patient health information . A common question from human resource managers has been what is the impact of HIPAA on an employer’s ability to collect employee...