Total Articles: 22
Franczek Radelet P.C • April 06, 2017
I love my brother dearly. I love my sister just as much.
Franczek Radelet P.C • March 02, 2016
Apparently, Kim Kardashian isn’t the only one whose derrière seems to have transformed over the years.
Franczek Radelet P.C • April 09, 2015
Is that all it takes to get you to click on my blog entry — make a reference to “sperm” in the blog title and post a silly photo of this little guy? That was like taking candy from a baby!
Phelps Dunbar LLP • March 04, 2015
On February 25, 2015, the U.S. Department of Labor finalized a rule which extends the Family Medical Leave Act’s (“FMLA”) protections to married same-sex couples. The rule, originally proposed in June 2014, implements necessary policy changes resulting from the U.S. Supreme Court’s landmark United States v. Windsor decision which overturned the section of the Defense of Marriage Act barring the federal government from recognizing same-sex marriages.
Goldberg Segalla LLP • February 26, 2015
The Family and Medical Leave Act (FMLA) provides that eligible employees of covered employers are entitled take unpaid, job-protected leave for specified family and medical reasons. On February 25, the United States Department of Labor (DOL) issued a Final Rule revising the definition of “spouse” under the FMLA to allow eligible employees in legal same-sex marriages to take FMLA-protected leave to care for their spouse or family member, regardless of where they live. The DOL asserts that the amendment will afford spouses in same-sex marriages the same ability as all spouses to fully exercise their FMLA rights.
Franczek Radelet P.C • January 14, 2015
Adam was a maintenance technician for EZEFLOW, a company which manufactures pipe fittings. He also was a marine corps veteran who served in both Iraq and Afghanistan.
Ogletree Deakins • June 24, 2014
On June 20, 2014, the U.S. Department of Labor (DOL) issued a press release announcing a proposed rule extending the protections of the Family and Medical Leave Act (FMLA) to all eligible employees in legal same-sex marriages regardless of where they live. The DOL is proposing this rule in light of the June 2013 United States v. Windsor decision, in which the Supreme Court of the United States struck down section 3 of the Defense of Marriage Act (DOMA), which limits the definition of “marriage” to opposite-sex unions and “spouse” to individuals of the opposite sex who are married for purposes of over 1,100 federal laws and regulations. The Supreme Court’s decision in Windsor left intact section 2 of DOMA, which expressly permits states to refuse to recognize same-sex marriages performed in other states.
Ogletree Deakins • March 31, 2014
The vacation request of an employee suffering from depression and anxiety did not qualify as a request for leave under the Family and Medical Leave Act (FMLA), said the 11th U.S. Circuit Court of Appeals. While the request might prove medically beneficial, it did not qualify for FMLA protection, as it did not include any period of actual incapacity. Hurley v. Kent of Naples, Inc., 11th Cir., No. 13-10298, March 20, 2014.
Franczek Radelet P.C • March 25, 2014
Did you ever have an employee tell you that he has medical condition "x," which will require time off at some point in the future? Normally, you tactfully tell him to come back when he actually needs time off, correct?
Brody and Associates, LLC • March 20, 2014
Most human resources personnel know that under the Family Medical Leave Act, covered employers must give eligible employees twelve workweeks off in a twelve-month period “to care for” a spouse, child, or parent with a serious health condition. However, what happens when caring for a terminally ill parent, physically and psychologically, brings the employee to Vegas for vacation? Recently, the Seventh Circuit Court held this constitutes “caring for” the family member and is a proper use of the leave.
Fisher Phillips • May 03, 2013
We have an employee who was off for five days taking care of his sick wife. He has been with the dealership for more than a year and worked more than 1,250 hours last year. I sent him the FMLA paperwork. He called me and said that he did not want to use his time off for FMLA, and instead was just going to use unpaid time off. What do I do now?
Franczek Radelet P.C • December 11, 2012
This past Friday, the United States Supreme Court announced that it would consider whether the Defense of Marriage Act (DOMA) unlawfully denies benefits to gay and lesbian couples who are married in states that allow such unions. A Supreme Court decision nullifying DOMA could have wide ranging impacts, including how the Family and Medical Leave Act covers "caring for a spouse."
Franczek Radelet P.C • November 26, 2012
The FMLA just got a whole lot broader. In what might be one of the key FMLA decisions of the year, a federal judge has upheld an employee's right to take FMLA leave to care for her mother during a recreational trip to Las Vegas. Yep . . . you read it correctly. Employee + her mother + their trip together to Vegas = FMLA leave
Franczek Radelet P.C • January 20, 2012
Q: Can an Employer Deny FMLA Leave to An Employee Who Is Not Yet Eligible to Take Leave?
Ogletree Deakins • July 11, 2011
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 â€œcareâ€ required by the relativeâ€™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 familyâ€™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.
Franczek Radelet P.C • February 08, 2011
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?
Ogletree Deakins • August 23, 2010
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).
Franczek Radelet P.C • July 01, 2010
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.
Franczek Radelet P.C • June 25, 2010
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 employee’s 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.”
Ogletree Deakins • June 25, 2010
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 Administrator’s 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.
Fisher Phillips • June 24, 2010
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.
Franczek Radelet P.C • June 24, 2010
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 employee’s 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.”