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 Article Index » fmla: 10 Most Recent Articles Report Link Appeals Court Holds That An Employee's Self-Diagnosis Can Establish Ongoing Medical Condition Under The FMLA.Fisher & Phillips, LLP - March 22, 2010 Brace yourself for yet another twist in the ever-evolving standards governing an employee's leave under the Family Medical Leave Act (FMLA). On March 11, 2010, the U.S. Court of Appeals for the 3rd Circuit joined the 8th Circuit Court of Appeals in holding a combination of expert and lay testimony can establish that an employee was medically incapacitated for more than three days, thereby triggering FMLA protection. Report Link Inconsistent performance appraisal scores may support FMLA interference claim.Ogletree Deakins - February 22, 2010 In an unpublished opinion, the 6th U.S. Circuit Court of Appeals has held that an employee’s appraisal score, given during a Reduction in Force (RIF) review, that was significantly lower than an annual performance review score given only 20 days earlier might support a jury’s finding that the true reason for the employee’s layoff was her requested FMLA leave. Report Link New FMLA Amendments Create "Exigencies" for Employers—Part Two.Jones Walker - February 18, 2010 This two-part article analyzes the new military family leave provisions of the Family and Medical Leave Act (“FMLA”),
as amended in 2008 and again in 2009. The first installment explored the “Active Duty Family Leave” for employees who
experience a “qualifying exigency” arising out of the fact that a family member has been called to active duty. This
second installment analyzes the leave available for an employee to care for a military family member who is injured in the
line of duty and, specifically, how this “Injured Service Member Leave” compares with the traditional FMLA leave to
care for a family member with a serious health condition. Report Link Can't Keep Up With The FMLA-Military Amendments? Apparently, Neither Can The DOL.Constangy, Brooks & Smith, LLP - February 17, 2010 If you are still getting up to speed on the new military provisions in the Family and Medical Leave Act (either the 2008 amendments, the January 2009 regulations, or the October 2009 amendments to the 2008 amendments), don’t feel too bad. The U.S. Department of Labor, which enforces the FMLA, is also behind the curve. Report Link New FMLA Amendments Create "Exigencies" for Employers.Jones Walker - February 04, 2010 The Louisiana Army National Guard’s 3,000-member 256th Infantry Brigade Combat Team is preparing for a 12-month deployment to Iraq. On January 6, 2010, the Louisiana National Guard held a deployment ceremony in White Castle, Louisiana, for its 256th Brigade Special Troops Battalion. The ceremony was reportedly attended by hundreds of family members and friends—and those family members were likely eligible for leave under the Family and Medical Leave Act’s new military leave provisions for their attendance at the deployment ceremony. The Battalion will train in Mississippi for six to eight weeks, after which they will have four days of leave to return home before flying to Iraq. Their family members may also be entitled to FMLA leave for that four-day leave period. In light of the increased troop deployments to Afghanistan and Iraq, it is critical for employers to understand the new military leave provisions of the FMLA. Report Link FMLA's administrative complexities create challenges for employers.Ogletree Deakins - February 01, 2010 The U.S. District Court for the Middle District of Pennsylvania recently re-visited a case on remand from the Third Circuit, and allowed an insurance company employee’s claims of FMLA interference and retaliation to go forward. Erdman v. Nationwide Insurance Co., M.D. Pa., No. 1:05-cv-0944, 1/15/10. The case is noteworthy on more than one point: first, the 3d Circuit remanded the case on a finding that the employee’s hours worked at home might be counted toward the 1250 minimum hours needed to be eligible for FMLA leave; second, that evidence of ongoing “antagonism” between the company and the employee might form the basis of FMLA retaliation; and finally, that a request for FMLA leave may be viewed as a “protected activity” under Pennsylvania’s Human Relations Act. Report Link DOL Plans to Review Family Military Leave Amendments to FMLA Regulations.Ford & Harrison LLP - January 29, 2010 The U.S. Department of Labor (DOL) has stated that it plans to review regulations implementing the new military family leave amendments to the Family and Medical Leave Act that were included in the National Defense Authorization Act for FY 2008 (NDAA). The agency will also review other provisions of the FMLA regulations that were revised and implemented in January 2009. This statement was included in the DOL's published Regulatory Plan, which, according to the Department, "highlights the most noteworthy and significant regulatory projects that will be undertaken by its regulatory agencies." Report Link The Evolving Federal Family and Medical Leave Act: 2010 NDAA Amendments.Fredrikson & Byron, P.A. - January 26, 2010 The Family and Medical Leave Act of 1993 (FMLA) continues to evolve under the new administration as with the last. As our readers will recall, President Bush signed the Fiscal Year 2008 National Defense Authorization Act, effective January 28, 2008, which amended the FMLA to include “injured servicemember” and “qualifying exigency” leaves for eligible employees. The U.S. Department of Labor issued new regulations effective as of January 16, 2009, which clarified the parameters of “injured servicemember” and “qualifying exigency” leave and also provided significant clarification in a number of other areas. (See “New Family and Medical Leave Act Regulations Issued,” Anne M. Radolinski, November 2008.) Now, on October 28, 2009, President Obama signed the National Defense Authorization Act for Fiscal Year 2010 (2010 NDAA), which substantially expands the list of those eligible for exigency and injured servicemember leave. Report Link New Law Expands Military Leave Entitlements Under FMLA.Ogletree Deakins - December 29, 2009 On October 28, 2009, President Barack Obama signed the National Defense Authorization Act (NDAA) for the 2010 Fiscal Year, which includes provisions that expand the military leave entitlements of the federal Fam-ily and Medical Leave Act (FMLA). The NDAA amends both the "qualifying exigency" and military caregiver leaves that became effective in January 2008. Report Link President Signs Bill Easing FMLA Eligibility Requirements for Airline Flight Crew.Littler Mendelson, P.C. - December 23, 2009 President Obama has signed into law the Airline Flight Crew Technical Corrections Act, a bill designed to close what was seen as a gap in coverage of airline pilots and flight attendants under the Family and Medical Leave Act (FMLA). The Act amends the FMLA to make it easier for flight crews to qualify for leave by changing the way in which hours of service requirements are met to account for the airline industry's unique timekeeping methods.
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