Total Articles: 66
Workers Not Yet Eligible for FMLA are Protected from Interference and Retaliation, Federal Court Rules
The federal Family and Medical Leave Act protects an employee’s pre-eligibility request for post-eligibility leave, the federal appeals court in Atlanta has held. Pereda v. Brookdale Senior Living Communities, Inc., 2012 U.S. App. LEXIS 492 (11th Cir. Jan. 10, 2012). The Eleventh Circuit has jurisdiction over Alabama, Florida, and Georgia. Accordingly, the Court found that the lower court erred when it dismissed a pregnant employee’s FMLA interference and retaliation claims.
FMLA FAQ: Can an Employer Deny FMLA Leave to An Employee Who Is Not Yet Eligible to Take Leave?
Q: Can an Employer Deny FMLA Leave to An Employee Who Is Not Yet Eligible to Take Leave?
Pregnant Employee Terminated Prior to Becoming Eligible for Leave Can State Causes of Action Under FMLA
The Eleventh Circuit Court of Appeals recently held in a case of first impression in this circuit that the Family and Medical Leave Act (FMLA) “protects a pre-eligibility request for post-eligibility leave.” That is, the FMLA protects an employee who gives notice, before she is eligible for leave, of intent to take FMLA leave for a qualifying reason once she becomes eligible. Pereda v. Brookdale Senior Living Communities, Inc., D.C. Docket No. 0:10-cv-60773-FAM, Eleventh Circuit Court of Appeals (January 10, 2012).
Best Practices: FMLA Leave to Care for an Adult Child
Perhaps it's just me, but I recently have received several calls from clients inquiring about an employee's right to take FMLA leave to care for an adult child (i.e., age 18 or older). Some examples include: Can a grandparent take FMLA leave to care for her daughter after the birth of her baby? Or can an employee take leave to care for an adult child suffering from depression? The answer is not always an easy one. What are an employer's obligations when an employee seeks leave under the Family and Medical Leave Act to care for an adult child? (I apologize in advance for the length of this post, but I hope it's worth the read.)
To invoke FMLA protection for care of another, some geographic proximity is required by the employee.
In an unpublished opinion, the 5th U.S. Circuit Court of Appeals has held that an individual who requests FMLA leave to care for a seriously ill family member must have some role in providing the “care” required by the relative’s illness. According to the Fifth Circuit, a father who left his seriously injured daughter in the care of his wife while he readied the family’s home for their return was unable to support a claim for FMLA retaliation after he was fired from his job at the conclusion of his FMLA leave.
Insufficient medical information justifies refusal of FMLA leave.
The federal regulations that support the Family and Medical Leave Act require that an employee submit to his or her employer certain medical facts within the knowledge of the employee’s health care provider, including information related to the incapacitation, examination, or treatment that may be required by a health care provider. The 9th U.S. Circuit Court of Appeals has held that a federal employer had the discretion to convert an employee’s conditionally granted FMLA leave to an “absent without leave (“AWOL”) status after the employee refused to provide more than minimal information about the reasons for her requested leave.
Employee's FMLA Claim Dismissed After Taking a Trip to Cancun
Employees should think twice before setting off on a Cancun vacation while out on FMLA leave. In an FMLA decision that smacks of pure common sense, a federal court has upheld an employer's reasonable work rules that restricted an employee's travel outside the immediate vicinity while on FMLA leave.
Are Employees Eligible for FMLA Leave When A Natural Disaster Strikes?
Natural disasters like the kind we recently have witnessed in the flood-ravaged areas of the southern United States raise a host of issues for employers. Some wonder whether they are required to pay their employees during suspended operations; others are unsure whether and to what extent health benefits should be offered.
FMLA FAQ - Does a phone call to the doctor count as "treatment"?
An employee recently missed five days of work due to the flu. She did not visit the doctor, but did call in to the doctor's office while she was out. Based upon the call, the doctor wrote her a prescription for some medication. Does this count as FMLA leave?
Where FMLA Bonding Leave is at Issue, Unmarried Parents Have More Generous Leave Rights
The folks at the California Public Agency Labor and Employment blog yesterday raised an issue that has popped up from time to time with our own clients: When it comes to "baby bonding" leave, does the Family and Medical Leave Act provide more generous benefits for unmarried parents than it does for married parents? In short, the answer is Yes.
Employee's Failure to Return Supervisor's Phone Calls Dooms FMLA Claim
When an employee's request for medical leave is vague or is unclear, the Family and Medical Leave Act regulations specifically allow (in fact, they require) the employer to question the employee further to determine whether the absence potentially qualifies under the FMLA. When the employee fails to respond to these reasonable inquiries, the employee may lose the right to FMLA protection.
Employee's failure to respond to phone calls from employer regarding his request for FMLA leave precludes a claim against employer under that Act.
Most employers recognize that the Family and Medical Leave Act (FMLA) prohibits them from denying, restraining, or interfering with an employee’s rights to qualified leave. Last week’s Update addressed a situation in which an employer’s frequent phone calls to the employee asking when she would return to work while she was on FMLA leave may have interfered with that employee’s FMLA rights.
FMLA FAQ - Does Travel Time Count as FMLA Leave?
One of our employees has asked for leave to care for a family member in another state. Does the travel time to and from the family member count as part of the FMLA leave?
FMLA FAQ - How do snow days affect FMLA leave?
Like many employers, we were closed yesterday due to the massive blizzard. We have an employee out on FMLA leave. Do I count the snow day against this employee's 12-week leave entitlement?
Federal Court Rules Hospital Employee's Faith-Healing Vacation is Not Protected FMLA Leave
An employee’s seven-week trip to the Philippines with her husband, who suffered from multiple ailments, was not protected leave under the Family and Medical Leave Act, the federal appeals court in Boston has ruled. Tayag v. Lahey Clinic Hosp., Inc., No. 10-1169 (1st Cir. Jan. 27, 2011). The FMLA entitles employees to 12 workweeks of unpaid leave annually “to care for the spouse … of the employee, if such spouse … has a serious health condition.” During their trip, the employee and her husband visited family and friends, went to Mass and met with Catholic church officials. This, the Court determined, did not comprise medical care for the employee’s husband within the meaning of the FMLA. The Court determined the employer did not violate the FMLA by terminating the employee for taking unapproved leave and affirmed summary judgment for the employer.
Employer can require compliance with call-in policy, even during FMLA leave.
The 8th U.S. Circuit Court of Appeals has held that an employee who was fired for repeatedly violating her employers call-in policy cannot proceed with her lawsuit under the FMLA.
FMLA FAQ - How do I calculate FMLA leave around the holidays?
I have an employee who is certified for FMLA leave. Our office is closed for Thanksgiving next Thursday and Friday. Do those days count as FMLA leave.
Knowledge of Employee's Cancer and Discussion of FMLA Enough to Support Discharge Claim.
According to a recent ruling by the 9th Circuit Court of Appeals, an employee may have a valid wrongful discharge claim under the FMLA even if she fails to actually request FMLA leave, based upon evidence that her employer was aware that she had cancer and discussed whether she had taken FMLA leave shortly before her termination.
Employee's Failure To Call In Defeats FMLA Claim
Under the FMLA rules, an employer may require employees seeking FMLA leave to comply with its "usual and customary notice and procedural requirements for requesting leave," except in "unusual circumstances" that prevent the employee from doing so. A recent decision by a federal district court in Tennessee demonstrates how this provision can be exceedingly useful to employers in managing FMLA leave. Ritenour v Tenn Dept of Human Services (.pdf).
Failure to Follow Employer's Leave Procedures Dooms FMLA Claim.
Employers frustrated with their employees' lack of communication during FMLA leave have found a friend in the Seventh Circuit Court of Appeals. In what must be described as a solid win for employers, the appellate court (which covers IL, IN and WI) affirmed the dismissal of a former employee's Family and Medical Leave Act claim against the company that fired her after she failed to provide proper notice under the company's policies for an extension of leave.
Impaired Employee May Be Excused From Heightened Reporting Requirement for FMLA Leave.
The 5th U.S. Circuit Court of Appeal has held that an impaired individual may not be required to comply directly with her employers heightened reporting requirements associated with FMLA leave. Saenz v. Harlingen Medical Center, LP, 5th Circ., No. 09-40887, August 2, 2010.
Impaired employee may be excused from heightened reporting requirement for FMLA leave.
The 5th U.S. Circuit Court of Appeal has held that an impaired individual may not be required to comply directly with her employers heightened reporting requirements associated with FMLA leave.
DOL Clarifies FMLA Definition Of "Son Or Daughter".
The U.S. Department of Labor (DOL) recently issued an "Administrator's Interpretation" on the definition of "son or daughter" under the Family and Medical Leave Act (FMLA). The federal law allows workers to take up to 12 weeks of unpaid leave during any 12-month period for a number of reasons, including for the adoption or the birth of a child or to care for a son or daughter with a "serious health condition." The interpretation, issued by Nancy Leppink, Deputy Administrator of the DOL's Wage and Hour Division, would broaden the definition of persons who stand in loco parentis so as to include employees in same-sex or other non-traditional relationships (without regard to their legal or biological relationship with the child).
FMLA Insights Podcast - "An Employee Has Requested FMLA Leave. Now What Do I Do?"
Many employers have a difficult time properly responding to an employee request for leave, a process that the new FMLA regulations expect the employer to master. What are employer responsibilities when responding to a request for leave?
DOL to Conduct "FMLA survery": Is More Regulatory Change on the Horizon?
On the campaign trail, then candidate Barack Obama promised to work aggressively on work-family balance if he was elected president. In doing so, he clearly signaled a movement toward pursuing additional rights for employees to permit them to better balance their workplace duties and their personal and family lives. This "movement," however, has been stalled by the health care debate, the conflict in Iraq, and the Gulf Oil mess.
Who's Your Daddy? Under the FMLA, It's a Tough Question.
Maury Povich has made a good living hosting a TV show which often focuses on determining paternity. The show follows a familiar pattern. A woman comes on and declares that a man, waiting back stage, is the father of her baby. The child is then shown on the screen for the audience in the studio and at home to adore. The putative father is then marched onstage to loud boos.
OPENING THE DOOR TO NEW FAMILY.
The federal Family and Medical Leave Act (FMLA) causes confusion and consternation for many employers. This is understandable, considering the recent changes to the FMLA regulations and the current administrations efforts to expand FMLA coverage. The fact is, while most employers accept their legal obligation to provide FMLA benefits to eligible employees, they often are frustrated by (1) the complexity involved in navigating and administering an FMLA leave; and (2) the relative ease with which employees abuse the law. Given the numerous regulations, statutory provisions and case law, a veritable minefield awaits even the most experienced leave administrators.
FMLA Update: DOL Defines "Son or Daughter" For FMLA, Includes Non-Traditional Parents.
When employees need to take time off to care for a son or daughter with a serious medical condition, many employers do not realize that the FMLA provides a very broad definition of "son or daughter." A manager who has the traditional biological definition in mind may inadvertently deprive an employee of FMLA rights. A recent Department of Labor opinion letter highlights and perhaps expands this broad definition.
The Importance of Clear, Accurate Notices
Two recent federal appeals court decisions highlight the importance of providing employees with clear, accurate information about their FMLA rights. First, the U.S. Court of Appeals for the Eighth Circuit recently held in Kobus v. The College of St. Scholastica, Inc. that a painter employed by the college could not prevail on his FMLA claims because he failed to return a completed medical certification form confirming that he had a serious medical condition. The court focused on the fact that the college's policies and the plaintiff's supervisor clearly advised the plaintiff of the certification requirement.
Podcast No. 13: Interpreting The New DOL Interpretation Of "In Loco Parentis"
On June 22 the U.S. Department of Labor issued its first Administrator Interpretation under the FMLA, "clarifying" how the FMLA applies to requests for leave by those who provide care for a child without a biological or legal relationship to the child. In this month's podcast, we explain what's new in this interpretation, what isn't, and what it means for employers.
Much Ado About Little: New FMLA Interpretation Not as Dramatic as it Seems.
The U.S. Department of Labor issued last week an interpretation of the definition of son or daughter as it applies to an employee standing in loco parentis to a child under the Family and Medical Leave Act. A person in loco parentis does not necessarily have a biological or legal relationship to a child but, as a matter of fact, acts as the childs parent. This could include, for example, a step-parent who has not adopted his or her step-child but handles the day-to-day activities as if he or she were the parent.
DOL "Clarifies" that FMLA Definition of Son or Daughter Includes Children of Same-Sex Domestic Partners.
The U.S. Department of Labor (DOL) recently issued an Administrative Interpretation (AI) clarifying its opinion that employees are entitled to take Family and Medical Leave Act (FMLA) leave for birth, bonding or to care for the child of a domestic partner or same-sex domestic partner, as well as other children for whom an employee has responsibility for day-to-day care or financial responsibility, even though the employee has no biological or legal relationship with the child. According to the DOL, the AI was issued in response to numerous inquiries from employers regarding when an employee with no legal relationship to a child is considered to be standing "in loco parentis" under the FMLA and, accordingly, entitled to leave. (The AI does not address an employee's entitlement to take military-related leave under the FMLA, which is governed by different definitions.)
DOL Permits FMLA Leave for Gay Parents and Others Caring For a Child.
On June 22, 2010, the U.S. Department of Labor issued an Administrator Interpretation (.pdf) to clarify the definition of a son or daughter under the FMLA to ensure that an employee who seeks time off work to care for a child receives FMLA leave regardless of the employees legal or biological relationship with the child. Although the DOL interpretation arguably does not change existing law, many consider it a huge win for nontraditional families, including families in the lesbian-gay-bisexual-transgender (LGBT) community who, the DOL asserts, often in the past have been denied leave to care for their loved ones.
FMLA rights regarding childcare may apply without specific legal or biological relationship.
The Family and Medical Leave Act (FMLA) establishes protected leave for specific circumstances, including the birth or placement of a son or daughter, care of a newborn or newly placed son or daughter, and care for a son or daughter with a serious health condition. On June 22, 2010, the Wage and Hour Division of the Department of Labor issued Administrators Interpretation No. 2010-3 in response to requests for guidance regarding whether employees who do not have a biological or legal relationship with a child may take FMLA leave for birth, bonding, and to care for the child.
DOL Expands Leave Rights Under FMLA.
On June 22, 2010 the Department of Labor issued an Administrative Interpretation clarifying the definition of "son or daughter" under the Family and Medical Leave Act (FMLA) with respect to non-military leave. The new Interpretation grants leave rights to individuals who assume the responsibilities of a parent by providing day-to-day care or financial support for a child, regardless of whether there is a legal or biological relationship between the individual and the child.
DOL Permits FMLA Leave for Gay Parents and Others Caring For a Child.
On June 22, 2010, the U.S. Department of Labor issued an Administrator Interpretation to clarify the definition of a son or daughter under the FMLA to ensure that an employee who seeks time off work to care for a child receives FMLA leave regardless of the employees legal or biological relationship with the child. While the DOL interpretation arguably does not change existing law, many consider it a huge win for nontraditional families, including families in the lesbian-gay-bisexual-transgender (LGBT) community who, the DOL asserts, often in the past have been denied leave to care for their loved ones.
DOL Opinion Letter Addresses Notice Required from Employees Seeking FMLA Leave.
On May 5, 2009, the Department of Labor (DOL) released a Wage and Hour Opinion Letter clarifying how much advance notice employees must provide when requesting leave under the Family and Medical Leave Act (FMLA). The recently released letter (dated January 6, 2009, but not released until May 5, 2009) clarifies that when it is not possible for an employee to give 30 days advance notice of the need for leave, the employee must comply with the employer's internal policies and procedures for requesting leave, as long as it is practicable to do so. The new opinion letter also rescinds a prior DOL opinion letter to the extent that the earlier letter established a two-business-day rule for notice of employees' need for FMLA leave.
New FMLA Regulations Necessitate Policy Changes.
Responding, albeit slowly, to
complaints from stakeholders
on both sides, the U.S.
Department of Labor issued
new FMLA regulations (effective
January 16, 2009) substantially
altering a number of familiar
FMLA procedures.
New FMLA and New York Employee Privacy Requirements.
New U.S. Department of Labor (DOL) regulations regarding the Family and Medical Leave Act
(FMLA) take effect on January 16, 2009. They implement two types of new military family leave
(Military Caregiver leave and Qualifying Exigency leave) and update and clarify the existing FMLA
regulations. In addition, a recent amendment to the New York Labor Law, effective January 3, 2009,
restricts an employers use and disclosure of an employees personal identifying information,
including an employees social security number.
New FMLA Regulations Take Effect.
The Family and Medical Leave Act (FMLA) regulations issued late last year by the U.S. Department of Labor (DOL) took effect on January 16, 2009. According to Al Robinson, a shareholder with the firm's Washington, D.C. office and the former acting Administrator of the DOL's Wage and Hour Division (which enforces the FMLA): "The new regulations change the pro-vision of family and medical leave in the workplace, particularly the new basis for leave for families of individuals in the military. As a result, employers must become familiar with these changes and adjust their policies accordingly."
Reminder - Employers Must Comply with Revised FMLA Regulations.
The Department of Labor's significant revisions to the Family and Medical Leave Act ("FMLA") Regulations are now in effect and, to comply, most covered employers will need to revise their current policies and practices. Some of the important changes include:
Reminder New FMLA Notice Requirements Take Effect January 16.
This is a reminder that, beginning January 16, 2009, employers will be required to comply with the new Family and Medical Leave Act (FMLA) regulations issued by the Department of Labor in November 2008. As previously discussed, among numerous other changes, the new regulations change the employer's FMLA notice obligations by requiring employers to provide employees
DEPARTMENT OF LABOR FINALIZES NEW FMLA REGULATIONS (pdf).
On November 17, 2008, the U.S. Department of Labor (DOL) issued the first new regulations
governing the Family and Medical Leave Act (FMLA) since the laws 1993 enactment. The final
regulations, which take effect January 16, are intended to be more user-friendly for both employers and employees.
...and HEEEEEEEERE they are! FMLA Final Regulations.
The final regulations for the Family and Medical Leave Act are out and will take effect January 16, 2009. What follows is a summary of the highlights of the changes.
Department of Labor Updates FMLA Regulations.
The U.S. Department of Labor has published new regulations governing the Family Medical Leave Act (FMLA). The rules are effective on January 16, 2009. Below is a summary of the more significant changes.
New Family and Medical Leave Act Regulations Issued.
On November 14, 2008, the U.S. Department of Labor issued the long-awaited new Family and Medical Leave Act (FMLA) regulations. The new regulations provide direction concerning qualifying exigency and servicemember leaves which were added to the FMLA as a result of amendments in January 2008, and also provide significant clarification in a number of other areas. The new regulations are effective January 16, 2009. Some of the highlights are set forth below.
Final FMLA Regulations To Be Published Monday.
On Monday, November 17, the U.S. Department of Labor will issue its final regulations on the Family and Medical Leave Act. The new regulations, reportedly 750 pages long, will address the new military provisions enacted in January 2008 and fine-tune the old FMLA regulations, issued in 1995. According to Victoria A. Lipnic, Assistant Secretary of Labor, and other news sources, the following are some highlights of the new regulations.
DOL Issues New FMLA Regulations.
On November 17, 2008, the U.S. Department of Labor (DOL) issued new fi nal regulations interpreting the Family and Medical Leave Act (FMLA). Taking effect on January 16, 2009, the new regulations make a number of signifi cant changes to the existing, original regulations that date back to 1995. Although employers will have more latitude to obtain information from employees and health care providers, employers assume new obligations to inform employees of their rights and responsibilities. And, while the new regulations provide some new tools for preventing employee abuse of the FMLA, the medical conditions and circumstances under which leave may be taken remain broadly defi ned and intermittent leave will continue to be a challenge for employers.
Employer Not Required To Play Sherlock Holmes To Detect FMLA Leave.
Ideally, when an employee wants to take FMLA leave, he or she should specifically ask for it. But that does not always happen. Sometimes the employer is left guessing. A number of FMLA cases have held that employers are on notice of FMLA leaves when they receive information about serious medical conditions, extended hospital stays, or indication that the employee is too disabled to request leave.
Calling In Sick Without Providing Additional Information is Not Sufficient to Trigger FMLA.
Under the Family and Medical Leave Act (FMLA), eligible employees are entitled to up to 12 weeks of unpaid leave during a 12-month period. The FMLA specifically prohibits employers from interfering with an employees attempt to exercise his or her rights under that Act. In order to exercise those rights on the basis of an employees own serious medical condition, the employee must provide notice to the employer of the seriousness of the health condition that forms the basis of the leave request. Recently, the 7th U.S. Circuit Court of Appeals found that calling in sick, without providing additional information, does not provide sufficient notice of a serious health condition under the FMLA.
Third Circuit Rejects Controversial FMLA Regulation.
Joining other federal courts, the Third Circuit recently rejected a Department of Labor regulation, 29 C.F.R. 825.110(d), which deems an employee eligible for FMLA leave, even if the employee does not satisfy the FMLAs eligibility requirements, when an employer fails to advise an employee of his/her eligibility after leave is requested. Here, the plaintiff had not worked the required 1,250 hours in the 12 months preceding her requested leave, but her employer failed to respond to her request for FMLA leave for the birth of her child.
Refusal To Provide Medical Certification Dooms Worker's FMLA Case.
The Seventh Circuit Court of Appeals recently dismissed a lawsuit brought by an employee who was fired after she refused to provide medical documentation substantiating her need for a reduced work schedule. According to the federal appellate court with jurisdiction over Illinois, the employer cannot be deemed to retaliate against an employee by asking her to fulfill her obligations under the Family and Medical Leave Act (FMLA).
FMLA Compliance Review: Employers Written Response To Leave Request.
Managing FMLA leave is a complicated undertaking. The use of a Department of Labor form "Employer Response to Employee Request for Family or Medical Leave" (form WH-381) will simplify the process in some respects.
FMLA: Labor Department Releases Revisions (pdf).
Highlights of the proposed changes.
DOL Publishes Long-Awaited Proposals to Update FMLA Regulations.
For some time now, business groups have been calling for a substantial overhaul of FMLA regulations that have proven to be unduly vague, cumbersome, and in some cases, completely out of touch with the realities of todays workplace. It seems that those requests are no longer falling on deaf ears. On February 11th, the Department of Labor took a substantial step toward regulatory reform by publishing a Notice of Proposed Rulemaking in the Federal Register.
Once implemented, the final rules will contain regulatory language based upon comments submitted during the review process. Although a final set of new regulations is still months away, a spokesperson for the administration expressed her desire to implement changes by the end of President Bushs term. The proposed rules will remain open for public comment through April 11, 2008.
New Proposed Regulations for the FMLA.
The federal Family and Medical Leave Act of 1993 has been around for about 15 years. The law provides eligible employees with up to 12 weeks of job-protected leave. The reasons for leave include their own or a covered relations serious health condition, or to care for a newborn or adopted child. While the law is fairly easy to describe, employers usually find it hard to administer according to its terms. Employers have hired entire teams of employees whose entire job is devoted to administer leaves. Some large employers even have outsourced leave management to third party administrators.
Verbal Notice Sufficient to Relay Intend to Take FMLA Leave (pdf).
Court reinstates workers interference claim.
DOL Proposes Revisions to FMLA Regulations and Seeks Comments on Military Family Leave.
The Department of Labor (DOL) has published a Notice of Proposed Rulemaking (NPRM) proposing revisions to certain regulations implementing the Family and Medical Leave Act (FMLA). The NPRM addresses many of the comments received by the DOL in response to its Request for Information published in December 2006, as well as legal challenges to many provisions in the current regulations. The DOL also included a Request for Comments on issues to be addressed in final regulations regarding military family leave.
DOL to Publish FMLA Proposals: Changes to Existing Regulations and Comments on New Military Family Leave.
On Monday, February 11, 2008, the U.S. Department of Labor (DOL) is expected to publish in the Federal Register a dual-purpose proposal on the Family and Medical Leave Act (FMLA). The DOL's first purpose is to propose revisions to certain existing FMLA regulations. These are the first proposed changes to the existing regulations since the FMLA was passed in 1993. The other reason for the proposal is to request public comments on a wide variety of issues related to the new military family leave entitlements that were contained in the National Defense Authorization Act. The DOL will use these comments to issue final regulations for these new military family leave entitlements.
Sixth Circuit Provides Some Clarification on Calculating Flight Attendant Hours for FMLA Eligibility.
The Sixth Circuit recently issued a decision involving computation of flight attendant hours for purposes of determining whether the 1,250-hour requirement of the Family and Medical Leave Act (FMLA) has been met. See Staunch v. Continental Airlines (6th Cir. Jan. 8, 2008).
DOL Accepting Public Input Regarding FMLA Regulations.
Reacting to concerns raised about the existing FMLA regulations, the Department of Labor has announced that it is soliciting information from the public "for its consideration and review of the Department's administration of the Act and implementing regulations". The DOL's request for information (RFI) was published in the December 1, 2006 Federal Register, http://www.gpoaccess.gov/fr/index.html (select browse, then Table of Contents, go to Wage and Hour division). A copy of the RFI is attached to this Alert. The DOL will accept comments until February 2, 2007.
Seventh Circuit Revisits Adequacy of Employee Notice of Need for FMLA Leave (pdf).
A recent Seventh Circuit decision suggests that the
court may be aware of the concern it caused employers
regarding Family Medical Leave Act notice when it
decided Byrne v. Avon Products, No. 02-2626 (7th
Cir. May 9, 2003).
FMLA Regs Update (pdf).
Way back in 2002, the U.S. Supreme Court decided a little case we like to call Ragsdale v. Wolverine
Worldwide, Inc., 535 U.S.81 (2002), which invalidated a Department of Labor (DOL) regulation regarding
employer notice to employees that leave is being counted towards the Family and Medical Leave Act (FMLA)
limit. This regulation, which is still reflected in the Federal Register, states [i]f an employee takes paid or
unpaid leave and the employer does not designate the leave as FMLA leave, the leave taken does not count
against an employees FMLA entitlement. 29 C.F.R. 825.700(a). More on this in a minute.
Termination Did Not Violate The FMLA (pdf).
The federal appellate court with
jurisdiction over Georgia employers
recently dismissed a lawsuit brought
by an employee who was denied leave
under the Family and Medical Leave
Act (FMLA) to care for her pregnant
daughter. According to the Eleventh
Circuit Court of Appeals, the worker
failed to provide sufficient notice to
her employer that she was requesting
leave for a potentially FMLA-qualifying
reason.
FMLA Update -- A Ray of Hope for Members of the Psychic Employers Network? (pdf)
Faced with what appears to be an ever-expanding series of leave entitlements and regulations, many employers are finding it increasingly difficult to determine eligibility for leave under the Family and Medical Leave Act ("FMLA") in those situations where the employee provides inadequate notice before beginning leave as well as little or no information pertaining to the reason the leave is needed.
Employee's Comment Of "Depression Again" May Be Valid Request For FMLA Leave.
Discusses Spangler v. Federal Home Loan Bank of Des Moines, No. 01-2476, 2002 U.S. App. LEXIS 1249 (8th Cir. Jan. 30, 2002), in which the court held that an employee's verbal statement that she was suffering from "depression again" could equate to a request for FMLA, requiring the employer to grant such leave.
