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Article Index » fmla: 10 Most Recent Articles Report Link Obama Expands Recently Enacted Exigency and Caregiver Leave Provisions for Military Families under the FMLA.Phelps Dunbar LLP - November 06, 2009 On October 28, 2009, President Obama signed into law the Fiscal Year 2010 National Defense Authorization Act (H.R. 2647). Among other things, the new law includes an expansion of the recently-enacted exigency and caregiver leave provisions for military families under the Family and Medical Leave Act of 1993 (FMLA). The legislation does not include an effective date, suggesting that it took effect immediately upon the President's signature. Report Link FMLA's Military Leave Provisions Expanded.Ford & Harrison LLP - November 04, 2009
On October 28, 2009, President Obama signed the National Defense Authorization Act for Fiscal Year 2010 (the "NDAA"), which, among other things, expands the scope of the provisions of the Family and Medical Leave Act (FMLA) pertaining to leave for qualifying exigencies and military caregiver leave. Specifically, the NDAA now permits family members of active duty service members to take leave for a qualifying exigency. Previously, only family members of National Guard and Reservists called to active duty in support of a contingency operation were permitted to take leave for a qualifying exigency. The NDAA also extends the scope of military caregiver leave to families of certain veterans, who previously were not covered by the provision. It also permits military caregiver leave for serious injuries or illnesses that are the result of pre-existing conditions that were aggravated by service while on active duty. Report Link President Signs Expansion of FMLA Coverage for Military Families.Jackson Lewis LLP - November 02, 2009 On October 28, 2009, the President signed the 2010 National Defense Authorization Act (NDAA) that included provisions expanding Family and Medical Leave Act military family leave benefits. The 2010 NDAA extends FMLA exigency leave coverage to family members of active duty members of the Armed Forces. It also expands the potential period during which FMLA caregiver leave might be provided. Now, eligible employees may take FMLA caregiver leave for up to five years after the veteran ends active duty. The expanded FMLA rights are effective immediately. Employers should amend their FMLA policies to reflect these expanded military family leave rights. Report Link Congress Adds Additional Family Military Leave Entitlements to the FMLA.Littler Mendelson, P.C. - November 02, 2009 On October 28, 2009, President Obama signed the National Defense Authorization Act for Fiscal Year 2010 (Pub. L. 111-84) (NDAA). The NDAA includes provisions that expand the two types of military-related leave that became available under the Family and Medical Leave Act (FMLA) in January 2008: "qualifying exigency" leave and military caregiver leave. Although this portion of the NDAA does not have an effective date, according to the staff of the Subcommittee on Military Personnel of the House Armed Services Committee, the NDAA took effect when President Obama signed it. Report Link Congress Expands Military FMLA Leave.Fisher & Phillips, LLP - October 30, 2009 Less than a year after the Department of Labor issued regulations implementing and clarifying new forms of military-related FMLA leave, Congress has approved measures that will substantially expand the scope of these provisions. On October 28, 2009, President Obama signed into law the 2010 National Defense Authorization Act, which among other things extends eligibility for "qualifying exigencies" and military caregiver leave to a larger population of employees. The legislation does not include an effective date, suggesting that it took effect immediately upon the President's signature. Report Link Sixth Circuit Declines to Follow the Supreme Court On Mixed Motive Cases Under the FMLA.Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - September 23, 2009 The United States Supreme Court recently held that in order to prevail on a claim under the Age Discrimination in Employment Act (ADEA), a plaintiff must show that age was the primary factor in the contested employment action. While an employer may have taken the action due to multiple reasons or "mixed motives," in order to prevail under the ADEA, the employee must show that but for his or her age, the action would not have occurred. Gross v. FBL Fin. Servs., Inc., 129 S. Ct. 2343 (2009). The 5-4 holding in Gross distinguished the ADEA from Title VII of the Civil Rights Act, which, pursuant to its 1991 amendments, specifically allows mixed motive claims by Plaintiffs. In doing so, the Court held that, unlike Title VII, Congress had not amended the ADEA to include mixed motive cases as cognizable claims. Report Link Congress Looking to Overhaul FMLA: Proposed Legislation Could Present New Compliance Challenges.Fisher & Phillips, LLP - September 03, 2009 Although sometimes lost in the buzz over health care reform and union card-check legislation, over the past several months, Congress has also been considering a slew of aggressive proposals designed to expand various aspects of the Family and Medical Leave Act (FMLA). While these changes could affect employers in all industries, retailers should be especially concerned due to the possible lowering of requirements for coverage of part-time employees. Report Link Evidence of Misconduct Discovered During FMLA Leave May Support Employee Termination.Ogletree Deakins - September 01, 2009 An employee who takes leave under the Family and Medical Leave Act (FMLA) is entitled - in most instances - to be reinstated to his or her former position, with equivalent pay and benefits, upon expiration of that leave. However, an employee is not entitled to a position or other benefit of employment to which he would not otherwise be entitled simply because he is on FMLA leave. It is on that basis that the 7th U.S. Circuit Court of Appeals upheld the termination of a company’s Vice President of Information Technology, even though the termination occurred while that individual was on an FMLA leave. Report Link FMLA Enhancement Act of 2009.Elarbee, Thompson, Sapp & Wilson, LLP. - August 13, 2009 In January 2009, H.R. 824 - the FMLA Enhancement Act of 2009 - was introduced to amend and enhance the Family and Medical Leave Act of 1993 (“FMLA”). This bill would expand the FMLA’s current application to employers by lowering the threshold for coverage. Instead of fifty or more employees being the threshold, employers who employ twenty-five employees or more would become subject to the FMLA under this proposed amendment. Not only would more employers be subject to the FMLA, but eligible employees would be entitled to a new form of leave that would be in addition to the current leave provided by the FMLA. Report Link Having Given FMLA Leave by Mistake is No Bar to Raising as Defense Employee's Leave Ineligibility.Jackson Lewis LLP - July 17, 2009 Affirming summary judgment in favor of the employer on the plaintiff’s Family and Medical Leave Act claim, the federal appeals court in Cincinnati has held that equitable estoppel did not bar an employer from raising an employee’s non-eligibility for leave under the FMLA as a defense.
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