join our network! affiliate login  
Custom Search
Daily and Weekly Editions • Articles • Alerts • Expert Advice • Learn More

Total Articles: 13

Are Remote Employees Eligible for FMLA Leave?

More and more employees are working remotely these days. So, what does an employer do when an employee who works from home—more than 75 miles from the employer’s office—requests FMLA leave?

When do related companies get combined for purposes of FMLA?

Consider this example: Company A has 30 employees in Greenville and Company B has 30 employees in Spartanburg. Family Medical Leave Act (FMLA) analysis is easy, right? Neither company has 50 employees, and, therefore, neither is covered under FMLA. Not so fast! Related corporations may have their employee counts aggregated for purposes of determining whether they have 50 or more employees under the FMLA through the “single integrated employer” test. The FMLA requires an employer to comply with its regulations if it employs 50 or more workers within a 75-mile radius. Under the single integrated employer test, Company A and Company B may be regarded as a single employer for FMLA coverage (and have their employee counts aggregated) depending on the nature of their corporate operations.

Are You a Co-Employer? FMLA Joint Employer Liability Can Be Deadly

I’ve discussed far sexier topics than “joint employers” on this blog. After all, it’s not every day an employee gets drunk at a Polish festival at the very time she’s supposed to be on FMLA leave.

FMLA FAQ: My Employee Took a Whole Lot of Leave Last Year. Is He Even Eligible Now for FMLA Leave?

Q: We have an exempt, managerial employee who in this past year took all 12 weeks of FMLA leave, and six additional weeks of unpaid leave. He also was intermittently absent for digestive problems to the tune of about four weeks. We're now in a new FMLA year and he is requesting FMLA leave again. Is he even eligible for FMLA leave since he didn't work 1,250 hours?

First Circuit Affirms Ruling that Employee Who Worked Only 615 Hours in 12 Months Is Not Eligible for FMLA Leave

On October 9, 2013, the First Circuit Court of Appeals affirmed summary judgment in favor of an employer on claims brought under the Family and Medical Leave Act (FMLA) by a former employee. The court held that the employee was not eligible to take FMLA leave because he had not worked 1,250 hours in the previous year, that he could not establish his employer’s handling of his FMLA application caused him any harm, and that he was not fired for requesting FMLA leave but for his indefinite absence. McArdle v. Town of Dracut, No. 13-1044 (1st Cir. October 9, 2013).

FMLA FAQ: Does Temporary Employment Count Toward FMLA Eligibility?

Q: We regularly utilize temporary employees, some of whom we hire permanently. Does the time they work as a temp (through an agency) count toward the 12-month and 1,250 hour eligibility requirements?

FMLA FAQ: Is a Reinstated Employee Short on "Hours Worked" Eligible for FMLA Leave?

We terminated an employee who has been reinstated by an arbitrator with full back pay. Now, he has requested FMLA leave. Are we obligated to provide leave even though he has not worked 1,250 hours in the previous 12 months?

FMLA FAQ: Is a Reinstated Employee Short on "Hours Worked" Eligible for FMLA Leave?

We terminated an employee who has been reinstated by an arbitrator with full back pay. Now, he has requested FMLA leave. Are we obligated to provide leave even though he has not worked 1,250 hours in the previous 12 months?

Court Finds Apprentice Program Constitutes “Joint Employer” for Purposes of FMLA Coverage.

A judge for the United States District Court for the Western District of Washington recently ruled that a Seattle apprenticeship program was the “joint-employer” of a plumbing apprentice for purposes of coverage under the FMLA.

FMLA’s 1250 Hour Eligibility Requirement is Absolute.

The Family and Medical Leave Act (FMLA) provides that an employee is entitled to leave under certain circumstances, including a serious health condition that makes that individual unable to perform the functions of his or her job. Employers are prohibited from interfering with an eligible employee’s right to take the leave associated with that act. Under the FMLA, an “eligible” employee is one who has been employed for at least 12 months at the company, and who has worked a minimum of 1250 hours during the 12-month period immediately prior to the leave request.

Seventh Circuit Addresses “Joint Employer” Issue Under FMLA.

The federal appellate court with jurisdiction over Indiana recently addressed the “joint employer” issue under the Family and Medical Leave Act (FMLA) for the first time. According to the Seventh Circuit Court of Appeals, the worker’s FMLA retaliation claim was properly dismissed because she failed to establish that the non-profit corporation she worked for was a joint employer with the city and county that financed and sponsored the corporation.

Designation As "Joint Employer" Requires Some Control Over The Work Or Working Conditions Of The Employee (7th Cir.).

The Family and Medical Leave Act (FMLA) makes it unlawful for any employer to interfere with an employee’s rights under that Act. Although the Act itself does not address situations in which multiple entities may be viewed as “joint-employers” for purposes of the FMLA, the Department of Labor (DOL) has issued regulations setting out situations in which joint-employer liability may be found.

Dealership Update: Counting Past Service For FMLA.

Most dealers know that in order to be eligible to request Family and Medical Leave, employees must meet three initial conditions.

Fisher Phillips | California | California Supreme Court Embraces Employee-Friendly Formula For Calculating OT Pay (March 05, 2018)

Fisher Phillips | California | FEHC Proposes Regulations to Implement California’s New “Ban the Box” and “New Parent Leave” Laws (March 04, 2018)

Fisher Phillips | California | Your Comprehensive Guide to 2018 Proposed California Legislation (February 28, 2018)

FordHarrison LLP | California | California Supreme Court's Recent Overtime Ruling Likely to Cause Payroll Problems (March 07, 2018)

Jackson Lewis P.C. | California | California Court of Appeals Holds Labor Code § 558 Claims Are Indivisible Claims and Not Arbitrable (February 28, 2018)

Jackson Lewis P.C. | California | Calculating Overtime Value of Flat-Sum Bonus Must Be Based on Actual Non-Overtime Hours Worked, California High Court Holds (March 11, 2018)

Fisher Phillips | California | The Plot Thickens: Trump Administration Sues California Over New Immigration Laws, Including AB 450 (March 09, 2018)

Jackson Lewis P.C. | California | Pending California Legislation Alert! Recently Introduced Bill Seeks to Protect Medicinal Marijuana Users from Employment Discrimination in California (February 27, 2018)

Jackson Lewis P.C. | California | California Transportation Industry Waives Goodbye to Enforcement of Federal Arbitration Act Provisions in Employment Contracts (March 07, 2018)

Carothers DiSante & Freudenberger LLP | California | California Proposes New Regulations on Parent Leave and Criminal History Inquiries (March 14, 2018)