Total Articles: 52
Franczek Radelet P.C • June 12, 2015
Q: One of my employees complained of chest pains at work and later went to the emergency room at the local hospital. However, we have learned through his medical certification that he was not admitted to the hospital until after midnight. He spent most of the day in the hospital and was discharged later that same day. In total, he missed two days of work. Is this absence covered by the FMLA?
Franczek Radelet P.C • April 13, 2015
Last week, I reported that a federal district court in Texas had halted the DOL’s enforcement of its final rule that would allow employees to take FMLA leave for their same-sex spouse.
Franczek Radelet P.C • January 22, 2015
Sure, Joan, you can take a leave of absence, but you’re still going to work while you’re out, right?
Franczek Radelet P.C • June 20, 2014
Ena Wages served as a property manager for one of several apartment complexes owned by Stuart Management Corp. She began her employment on November 17, 2008, and this is significant under the FMLA because nearly one year later, on November 13, 2009, Ena’s physician restricted the number hours she could work as a result of complications caused by her pregnancy.
Franczek Radelet P.C • April 18, 2014
Q: This week, one of our employees professed her love to one of her co-workers (who is married) and announced to everyone that they had been dating. The problem is — it’s not true.
Jackson Lewis P.C. • August 14, 2013
An employee who did not follow his employer’s call-in requirements under its attendance policy or provide an appropriate medical certification supporting his need for leave under the federal Family and Medical Leave Act has failed to establish a claim for interference with his FMLA rights, the federal appellate court in Cincinnati has ruled. Srouder, et al. v. Dana Light Axle Mfg, LLC, No. 12-5835 (6th Cir. Aug. 7, 2013). Affirming summary judgment in favor of the employer, the Court ruled that an employer may enforce its customary notice and attendance procedures against an employee claiming FMLA-protected leave, unless unusual circumstances justify the employee’s failure to comply with the requirements.
Shaw Valenza LLP • May 03, 2013
On February 6, 2013, the United States Department of Labor (DOL) issued new Family and Medical Leave Act (FMLA) regulations. The new rules went into effect on March 8, 2013, and make several key changes to military caregiver leave, qualifying exigency leave and leave eligibility for airline flight crew employees. The regulations also clarify how to calculate intermittent FMLA leave and provide guidance on employers’ recordkeeping requirements.
Franczek Radelet P.C • April 22, 2013
When an employer ignores the FMLA regulations as it ponders a termination decision, the consequences can be severe.
Franczek Radelet P.C • April 19, 2013
When an employer ignores the FMLA regulations as it ponders a termination decision, the consequences can be severe.
Constangy, Brooks, Smith & Prophete, LLP • March 08, 2013
Another set of FMLA regs, effective today! Par-TAY!
Brody and Associates, LLC • February 13, 2013
The federal Family and Medical Leave Act (“FMLA”) turned 20 years old on February 5, 2013. In celebration, the U.S. Department of Labor (“DOL”) issued new regulations. The new regulations cover 1) leave related to members or veterans of the military and 2) leave for airline flight crew employees. This article focuses on the former.
Jackson Lewis P.C. • February 11, 2013
The U.S. Department of Labor (DOL) has published final regulations clarifying several amendments to the Family and Medical Leave Act (FMLA) which expand the law’s military family leave provisions. The agency’s final rule—released on the FMLA’s 20-year anniversary—also implements changes enacted through the Airline Flight Crew Technical Corrections Act and contains other modifications to the prior regulations, described below.
Franczek Radelet P.C • February 07, 2013
This week, the Department of Labor released its final rule implementing the Family and Medical Leave Act amendments under the National Defense Authorization Act of 2010 (NDAA) and the Airline Flight Crew Technical Corrections Act (AFCTCA). The final regulation also revises a handful of existing regulatory provisions, and removes the model FMLA forms from the appendices of the regulations. I reported on these proposed changes in greater detail in a previous blog post last year. The final rule takes effect March 8, 2013.
Ogletree Deakins • February 07, 2013
On February 6, 2013, the U.S. Department of Labor (DOL) published a final rule to implement amendments to the Family and Medical Leave Act (FMLA) made by the National Defense Authorization Act for Fiscal Year 2010 (NDAA) and the Airline Flight Crew Technical Corrections Act (AFCTCA). To assist employers with compliance, the DOL has created a web page with a FAQ sheet on the final rule, a new FMLA poster, and a new Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave–Form WH-385-V.
Constangy, Brooks, Smith & Prophete, LLP • February 06, 2013
The U.S. Department of Labor yesterday issued its Final Rule on the Family and Medical Leave Act. This will replace the rule issued by the Bush Administration in 2009 and is primarily intended to address amendments to the FMLA that were enacted by Congress after the the 2009 rule took effect. However, the Notice of Proposed Rulemaking for the newest version, issued in February 2012, also proposed amending provisions of the 2009 regulations that were not affected by the subsequent congressional action.
Phelps Dunbar LLP • January 29, 2013
Since its enactment in 1993, an unresolved issue under the Family and Medical Leave Act ("FMLA" or "the Act") was exactly how the definition of "son or daughter" under Section 101(12) of the Act applied to adult children, 18 years of age or older and incapable of self-care because of a mental or physical disability. In interpretive guidelines just issued by the U.S. Department of Labor ("USDOL"), which enforces the FMLA, the federal agency clarified that the age of a son or daughter at the onset of a disability is not relevant in determining a parent's entitlement to FMLA leave. Employers need to be aware that the new guidelines will expand the number of employees who will now be eligible to take FMLA leave to care for adult children.
FordHarrison LLP • January 25, 2013
Executive Summary: The Department of Labor (DOL) has clarified the definition of "son or daughter" to now permit an eligible employee to take leave under the Family and Medical Leave Act (FMLA) to care for an adult child who is incapable of self-care because of a disability, regardless of how old the child was when the disability commenced. This clarification also impacts the FMLA's military caregiver provision.
Jackson Lewis P.C. • January 24, 2013
The number of employees who may take FMLA-protected leave to care for adult children with disabilities is likely to increase under an interpretation of the federal Family and Medical Leave Act issued by the Wage and Hour Division (“WHD”) of the U.S. Department of Labor. The Interpretation, the first of the New Year for the Division, confirms that the age of a son or daughter at the onset of a disability is not relevant in determining an employee-parent’s entitlement to leave to care for a child with a disability, even if that child is an adult. Wage and Hour Division, Administrator’s Interpretation No. 2013-1 (Jan. 14, 2013). The Interpretation also adopts the broad definition of “disability” under the Americans with Disabilities Act Amendments Act of 2008 (“ADAAA”) for FMLA purposes, and clarifies the availability of FMLA leave for parents to care for a child who becomes disabled during military service.
Franczek Radelet P.C • January 16, 2013
Yesterday, the U.S. Department of Labor issued an Administrator's Interpretation (AI) to clarify the factors an employer must consider when an employee requests leave to care for an adult child.
Franczek Radelet P.C • January 08, 2013
This scenario is all too familiar for employers: shortly before Christmas, your employee requests vacation leave for Christmas Eve and New Years Eve. Due to seniority or the employee's last minute request for time off, her leave request is denied. However, like clockwork, she calls off sick and requests FMLA leave on Christmas Eve and NYE, claiming she can't work due to a flare up of her chronic bad back.
Franczek Radelet P.C • November 02, 2012
Thanks for the great feedback we received on our post earlier this week about Hurricane Sandy's impact on employers when it comes to issues arising under the Family and Medical Leave Act. In your feedback, I received several requests to address the following question:
Ogletree Deakins • July 17, 2012
The Family and Medical Leave Act (FMLA) provides unpaid leave time to eligible employees under specific circumstances, including the serious health condition of the employee. It is a violation of the FMLA for an employer to interfere with an employee’s use or attempted use of FMLA leave time. The 7th U.S. Circuit Court of Appeals has held that an employee who did not receive actual medical treatment during a specific absence could not support an FMLA interference claim for his termination. Jones v. C&D Technologies, Inc., 7th Cir, No. 11-3400, June 28, 2012.
Franczek Radelet P.C • July 02, 2012
Take Bob. He is a machine operator. Bob suffers from back and leg pain as well as bouts of anxiety. As a result, he typically visits with his physician every couple of months and is on prescription medication. He's been approved for intermittent FMLA leave as a result of his serious health condition(s).
Franczek Radelet P.C • June 29, 2012
Earlier this week, the U.S. Department of Labor issued a 16-page FMLA guide that the DOL says is "designed to answer common FMLA questions and clarify who can take FMLA leave and what protections the FMLA provides." Entitled "Need Time? The Employee's Guide to the Family and Medical Leave Act," the Guide apparently was created out of DOL's belief that "too many workers don't know about their rights under the FMLA and fail to take advantage of its protections," as stated in a DOL press release earlier this week.
Franczek Radelet P.C • June 19, 2012
In a recent post, I discussed an employer's obligation to designate leave under the Family and Medical Leave Act even though the employee did not want it to be classified as FMLA leave.
Ogletree Deakins • May 21, 2012
Employment termination during an employee’s leave under the Family and Medical Leave Act (FMLA) may constitute “interference” with that leave. However, an employer typically does not violate the FMLA if it terminates an employee for failing to comply with the company’s policies regarding absences, even if those absences occur during a protected FMLA leave. A recent decision by the 3d U.S. Circuit Court of Appeals reminds us that the FMLA is not a law that can remedy an employee’s failure to follow a company’s sick leave policies. Pellegrino v. Communications Workers of America, AFL-CIO, CLC, 3d Cir., No.11-2639, April 19, 2012.
Shaw Valenza LLP • February 17, 2012
The U.S. Department of Labor has issued a notice of proposed regulations regarding a couple of FMLA issues. The draft regulations implement recent modifications to the FMLA contained in the 2010 National Defense Authorization Act.
Franczek Radelet P.C • February 15, 2012
As I reported last month, the Department of Labor has been working with the Office of Management and Budget to extend the life of its model FMLA forms, which expired on December 31, 2011. If you checked the DOL website today, you would find that the Department now has approval to use its model FMLA forms through February 28, 2015.
Franczek Radelet P.C • October 07, 2011
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.)
Franczek Radelet P.C • May 24, 2011
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.
Franczek Radelet P.C • May 23, 2011
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.
Franczek Radelet P.C • April 08, 2011
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?
Franczek Radelet P.C • March 24, 2011
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.
Franczek Radelet P.C • February 28, 2011
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.
Ogletree Deakins • February 28, 2011
Most employers recognize that the Family and Medical Leave Act (FMLA) prohibits them from denying, restraining, or interfering with an employeeâ€™s rights to qualified leave. Last weekâ€™s Update addressed a situation in which an employerâ€™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 employeeâ€™s FMLA rights.
Franczek Radelet P.C • February 23, 2011
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?
Jackson Lewis P.C. • February 04, 2011
An employeeâ€™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 â€œto care for the spouse â€¦ of the employee, if such spouse â€¦ has a serious health condition.â€ 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 employeeâ€™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.
Ogletree Deakins • December 13, 2010
The 8th U.S. Circuit Court of Appeals has held that an employee who was fired for repeatedly violating her employer’s call-in policy cannot proceed with her lawsuit under the FMLA.
Franczek Radelet P.C • November 19, 2010
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.
Ogletree Deakins • September 10, 2010
The 5th U.S. Circuit Court of Appeal has held that an impaired individual may not be required to comply directly with her employer’s heightened reporting requirements associated with FMLA leave. Saenz v. Harlingen Medical Center, LP, 5th Circ., No. 09-40887, August 2, 2010.
Franczek Radelet P.C • July 22, 2010
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.
Hughes Hubbard & Reed LLP • February 12, 2009
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 employer’s use and disclosure of an employee’s personal identifying information,
including an employee’s social security number.
Ogletree Deakins • February 10, 2009
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."
Nexsen Pruet • January 05, 2009
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 law’s 1993 enactment. The final
regulations, which take effect January 16, are intended to be more “user-friendly” for both employers and employees.
Constangy, Brooks, Smith & Prophete, LLP • December 04, 2008
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.
Fredrikson & Byron, P.A. • November 26, 2008
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.
Constangy, Brooks, Smith & Prophete, LLP • November 21, 2008
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.
Ogletree Deakins • September 10, 2008
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 FMLA’s 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.
Jones Walker • March 24, 2008
Highlights of the proposed changes.
Fisher & Phillips LLP • March 05, 2008
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 today’s 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 Bush’s term. The proposed rules will remain open for public comment through April 11, 2008.
Shaw Valenza LLP • February 28, 2008
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 relation’s “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.
Ogletree Deakins • February 08, 2008
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.