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...
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.
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
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...
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...
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...
Under the FMLA, there are four methods which an employer
can use to determine whether an employee is eligible for 12 weeks leave in a 12
month period. Once the determination is made, it is critical that employees be
informed of the chosen method. In...
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...
Back in 2005, a Pennsylvania federal court recognized in
this opinion that an employee's FMLA rights become sacrosanct upon
requesting FMLA -- even if the employee is not yet FMLA-eligible --
provided that the employee has satisfied all
That's right folks. It's time for another edition of
"Fact or Fiction" a/k/a "Quick Answers to Quick Questions"
a/k/a QATQQ f/k/a "I don't feel like writing a long blog post". So,
let's get right to today's...
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...
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...
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 ) [...
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...
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...