Total Articles: 17
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).
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In an unpublished opinion, the 5th U.S. Circuit Court of Appeals has held that an individual who requests FMLA leave to care for a seriously ill family member must have some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.
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?
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).
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.
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.
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).
