Labor and Employment Law

Recent Posts

Marriage Equality and the FMLA
Posted on 3 Mar 2015 by Margaret (Molly) DiBianca

The Supreme Court’s 2013 ruling in United States v. Windsor created a lot of uncertainty in the area of federal employment benefits. Because the federal government’s definition of marriage as being between one man and one woman was held to... Read More

Is This the Worst Fake Doctor’s Note Ever? And What Could You Do About It?
Posted on 24 Jul 2013 by Jon Hyman

Buzzfeed recently published this note, which an employee provided asking his boss for a day off from work. Not only did the employer refuse the time off, but, as you can see above, the employer edited the note, remarked on all of the typos, errors, and... Read More

Posting Vacation Pics on Facebook While on FMLA Is a Bad Idea
Posted on 13 Feb 2013 by Margaret (Molly) DiBianca

The FMLA 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... Read More

It's Time to Fix the Family and Medical Leave Act -- Here Are Some Suggestions
Posted on 6 Mar 2013 by Robin Shea

Dear Congressperson: 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... Read More

Third Circuit: Mailing FMLA Notice Not Enough for Summary Judgment?
Posted on 8 Aug 2014 by Philip Miles

Sometimes the most mundane tasks can make or break your case. Here's something I never thought I'd say: Big decision from the Third Circuit about how to mail FMLA notices! Read the opinion in Lupyan v. Corinthian Colleges, Inc. (for my Pennsylvania... Read More

Amendments to California Family Rights Act Regulations Provide Some Clarity to Employers
Posted on 28 Apr 2015 by Sheppard Mullin

by Lisa Harris and Dorna Moini The California Fair Employment and Housing Council (FEHC) has issued amended regulations clarifying the California Family Rights Act (CFRA). The amendments will go into effect on July 1, 2015, and are intended to clarify... Read More

Firing a Sick Employee Just Before She Is FMLA-Eligible Is Very Risky
Posted on 27 May 2014 by Eric Meyer

So, check this out. I read this case yesterday about an employee who provided her company with a November 12 doctor's note, requesting that her hours be reduced due to her high-risk pregnancy. The employee would have become eligible for coverage... Read More

Associational retaliation is not the FMLA's peanut butter cup
Posted on 9 Jul 2012 by Jon Hyman

In Thompson v. North Am. Stainless , the Supreme Court held that Title VII prohibits associational retaliation; an employer cannot retaliate against an employee by taking an adverse action against that employee's close family member. The FMLA permits... Read More

No call, no show, no FMLA
Posted on 21 Sep 2012 by Jon Hyman

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... Read More

HR 101: Don't suggest "No More Hysterectomies" to a woman on FMLA
Posted on 16 Jul 2012 by Eric Meyer

In my years of practicing employment law, I've drafted several employee handbooks and Family and Medical Leave Act (FMLA) policies for employers. The policies I draft are thorough. But just the other week, it occurred to me that I should probably... Read More

FMLA 101: Don't Make an Employee Work During Leave. Just Don't.
Posted on 11 Aug 2014 by Eric Meyer

Really. It's a bad idea. Like my youngest son using chopsticks and a fork at the same time to eat pho . Ok, not that bad. But, definitely blogworthy. I read this case over the weekend about an employee who, while on maternity leave under... Read More

Enforce Your Employee Call-In/Notice Requirements -- Even for FMLA Leave
Posted on 29 Aug 2013 by Eric Meyer

In that handbook of yours should be a page -- maybe a few lines -- on an employee's responsibility to notify you if they are going to miss work. Who to call, when to call, that kind of stuff. A recent case from the Sixth Circuit ( this one ) [... Read More

VanDeusen on Coleman v. Maryland Court of Appeals
Posted on 21 May 2012 by Darrell VanDeusen

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... Read More

EEOC to Consider the Use of Leave as a Reasonable Accommodation
Posted on 6 Jun 2011 by Jon Hyman

I have previously discussed how the ADA may require that employers provide unpaid leaves of absence to disabled employees of more than 12 weeks: Has the ADA swallowed the FMLA for employee medical leaves? ADA may require leaves of absence... Read More

Tags: FMLA , ADA

New Department of Labor Regulations for Same-Sex "Spouse" Under FMLA
Posted on 24 Feb 2015 by Philip Miles

Tomorrow, the Department of Labor will publish a Final Rule to Revise the Definition of “Spouse” Under the FMLA (including links to additional information). Per the DOL, the "major features" are: • The Department has moved... Read More