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Report Link Having Given FMLA Leave by Mistake is No Bar to Raising as Defense Employee's Leave Ineligibility.Jackson Lewis LLP - July 17, 2009 Affirming summary judgment in favor of the employer on the plaintiff’s Family and Medical Leave Act claim, the federal appeals court in Cincinnati has held that equitable estoppel did not bar an employer from raising an employee’s non-eligibility for leave under the FMLA as a defense. Report Link Court Finds Apprentice Program Constitutes “Joint Employer” for Purposes of FMLA Coverage.Ogletree Deakins - January 02, 2009 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.
Report Link FMLA’s 1250 Hour Eligibility Requirement is Absolute.Ogletree Deakins - October 01, 2008 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. Report Link Seventh Circuit Addresses “Joint Employer” Issue Under FMLA.Ogletree Deakins - September 02, 2008 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. Report Link Designation As "Joint Employer" Requires Some Control Over The Work Or Working Conditions Of The Employee (7th Cir.).Ogletree Deakins - August 05, 2008 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. Report Link Dealership Update: Counting Past Service For FMLA.Fisher & Phillips, LLP - May 09, 2007 Most dealers know that in order to be eligible to request Family and Medical Leave, employees must meet three initial conditions. Report Link Possible "Joint Employer" Status Allows FMLA Claim to Advance.Vedder Price - April 29, 2005 The Family and Medical Leave Act of 1993 (FMLA)
applies to employers with 50 or more employees. In a
recent decision that may have far-reaching consequences
for an employer who contracts out employees to another
company, the U.S. District Court for the Northern District
of Illinois has held that a plaintiff may be able to count the
employees of both companies in order to reach the
50-employee minimum required for liability under the
FMLA.
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