Total Articles: 72
Giants Beat Patriots in the Super Bowl! Can I take FMLA Leave Today?
Monday, February 6, 2012 is a bittersweet day for employers across New York and elsewhere. Just hours earlier, their employees watched the New York Giants beat the New England Patriots in Super Bowl XLVI. For these employers, however, many of their employees won't be at work Monday morning. The reason? In a 2008 survey conducted by The Workforce Institute at Kronos Incorporated, 1.5 million people will call in sick to work and an additional 4.4 million will call in late. Outplacement firm Challenger, Gray & Christmas has put worker lost productivity from the Super Bowl at more than $820 million.
(FMLA) Form Over Function
New FMLA forms appear to be around the corner. In 2008, the U.S. Department of Labor issued a set of forms, which were intended to assist employers in reviewing and granting requests for leave under the Family Medical Leave Act (FMLA). Updated forms have been submitted to the federal Office of Management and Budget (OMB), but have not yet been approved.
DOL Proposes Revising FMLA Regulations
Executive Summary: The Department of Labor has announced that it will publish a Notice of Proposed Rulemaking (NPR) proposing regulations implementing the changes to the Family and Medical Leave Act (FMLA) made by the 2010 National Defense Authorization Act (NDAA) and the 2009 Airline Flight Crew Technical Corrections Act (AFCTC). The DOL also proposes deleting optional use forms from the Appendix to Section 825 and making them available only on the DOL's web site to eliminate confusion that may arise if the forms on the web site differ from those included in the Appendix.
Employees Must Be Given Clear, Actual Notice of FMLA Policies
Ambiguity and confusion can be costly. In Thom v. American Standard, Inc., the Sixth Circuit Court of Appeals awarded liquidated damages in a case "arising from confusion as to when an employee should return to work after his leave."1
DOL Proposes FMLA Regulatory Changes Regarding Military Family Leave, Flight Crew Eligibility and How Employers Calculate FMLA Leave
On January 30, 2012, the U.S. Department of Labor announced proposed changes to Family and Medical Leave Act regulations (pdf) in three specific areas: 1) Military Family Leave; 2) Flight Crew FMLA Eligibility; and 3) the manner in which employers calculate increments of FMLA leave. Rules for the first two have been expected for some time, but the proposed rule on calculating increments of FMLA leave is a bit unexpected and essentially seeks to revert back to pre-2009 regulations on this issue.
Reports: FMLA Regulatory Changes To Be Announced Later Today regarding Military Family Leave?
Various news outlets and web sites, including the Washington Post, Fox News and MilitaryFamily.com, have reported that the Department of Labor will propose various changes today to Family and Medical Leave Act regulations regarding military family leave. Fox reports that Secretary Hilda Solis will make the announcement with First lady Michelle Obama.
DOL Proposes New FMLA Rules
Everything you could ever want to know about the DOL's new proposed FMLA rules.
The Best of FMLA from 2011 and What's In Store for Employers in 2012
In 2011, our most popular blog entries involved two general topics: 1) employers' best practices for FMLA administration; and 2) leave as a reasonable accommodation under the ADA when FMLA leave ends. We share these posts again below, since we believe the guidance is valuable as we enter a new year.
HR Director's Alleged Comments Prove Costly
A federal appellate court recently held that remarks allegedly made by a law firm's human resources director could be "direct evidence" of pregnancy discrimination and a violation of the Family and Medical Leave Act (FMLA). According to the Seventh Circuit Court of Appeals, such evidence falls outside of the "hearsay" objection that might otherwise keep it from being presented to a jury. Makowski v. SmithAmundsen LLC, No. 10-3330, Seventh Circuit Court of Appeals (November 9, 2011).
Employees Take Note: Showing Pictures of Your Boyfriend's Privates Will Doom Your FMLA Lawsuit (or Any Other Lawsuit)
Cynthia Adams was a registered hospice nurse for Fayette Home Care and Hospice. According to one of her hospice patients, Adams apparently showed him and his wife three pictures of her boyfriend's genitals, the photos of which were stored on her cell phone. Not surprisingly, the patient told another nurse from Fayette about the incident and asked that Adams not come back.
Manager's Loose Lips Sinks Employer's Chances of Dismissing FMLA Claim
When making difficult decisions about eliminating jobs, senior management surely may disagree as to "who" is cut and how it's done. However, after the decision is made, it is critical that management collectively support the decision and refrain from public dissension. When that dissension is shared publicly or with the affected employee, it can spell disaster.
Calculating FMLA Leave for Holidays, Breaks and Plant Shut Downs
'Tis the season already, as I am starting to receive telephone calls from employers with questions about how they calculate an employee's FMLA leave during a holiday week or when the employer is closed for a period of time (e.g., winter break for schools, plant shut down). As we prepare for the holidays, here are a few basic rules to have handy next to your payroll sheet:
Bill Would Provide FMLA Leave for Victims of Domestic Violence
To help commemorate National Domestic Violence Awareness Month, Rep. Lynn Woolsey (D-CA) reintroduced the Domestic Violence Leave Act (H.R. 3151), legislation that would allow employees to take leave under the Family and Medical Leave Act (FMLA) to address acts of domestic violence, sexual assault and stalking aimed at themselves, a spouse (including domestic partner and same-sex spouse), parent or child.
Ruh Roh Raggy! A Leave of Absence to Care for Your Pet?
I love my Golden Retriever, Abby. I really do. But this development below is a bit too much, especially for this management-side attorney.
Time Off To Grieve: The Parental Bereavement Act (SB 1358)
The Farley-Kluger Amendment to the Family Medical Leave Act (FMLA) of 1993 petition, born from The Grieving Dads Project, a grass-roots initiative led by two fathers who tragically experienced the death of their child, was the impetus for the Parental Bereavement Act. When Kelly Farley, one of the group's founders, realized that he could not take FMLA-protected leave upon his daughter's death he instead requested FMLA leave to care for his wife, who was dealing with depression in the aftermath of this life-altering event. Introduced in Congress on July 13, 2011 by Senator Jon Tester of Montana, the bill would amend the federal FMLA by adding a category of job-protected leave due to the death of an employee's son or daughter. Realizing that the current law does not address this issue, Senator Tester said he introduced the bill because the "last thing [parents] should be worrying about is whether they'll lose their jobs as they deal with life-changing loss."
If passed, an eligible employee would be entitled to a total of 12 workweeks of unpaid leave during any 12-month period due to the death of a child. This is the same amount of leave provided for the birth or adoption of a child, the serious health condition of the employee or immediate family member, and for military exigency leave. The other provisions of the FMLA would not be changed (e.g., applies to employers with 50 or more employees, notice, intermittent leave scheduling, substitution of paid leave, certification, etc.).
The bill has no co-sponsors and has been referred to the Committee on Health, Education, Labor, and Pensions for review and consideration.
Life After Wal-Mart v. Dukes: Is the FMLA the New Breeding Ground for Class Actions?
For several weeks now, attorneys and legal academics across the country have dissected the U.S. Supreme Court's Wal-Mart v. Dukes (pdf) decision, which shut the door to a 1.5 million class of current and former female Wal-Mart employees who are claiming that they were denied pay increases and promotions because of their gender. In striking down class certification, the Supremes held that there was no commonality among the member of the class, that is, no "glue" that tied all of their discrimination claims together.
Extreme Makeover: FMLA Edition
The Parental Bereavement Act is the latest in a series of proposed amendments to the Family and Medical Leave Act (FMLA). The Act, as drafted, would permit an employee to take unpaid bereavement leave for the death of a child. This is just the latest change to the FMLA proposed in the last two years. Other proposals have included:
Parental Bereavement Act Would Amend FMLA to Provide Leave Upon Death of a Child
arlier this month, Sen. Jon Tester (D-Mont.) introduced the Parental Bereavement Act (S. 1358), which would expand the Family and Medical Leave Act to provide job-protected leave due to the death of an employee's son or daughter. In a press release, Sen. Tester said he introduced the bill because the "last thing [parents] should be worrying about is whether they’ll lose their jobs as they deal with life-changing loss." The Act would allow leave "because of the death of a son or daughter," and it assumes leave would be taken in one block. Like bonding leave, bereavement leave could be taken intermittently only if the employer agrees. Like the FMLA itself, the bill would apply only to employers of 50 or more employees.
Will Employers Soon Use GPS to Catch FMLA Abuse?
Earlier this week, the folks at the Texas Employment Law Update highlighted a case before the U.S. Supreme Court in which the high court will consider whether law enforcement's placement of a GPS devise on a suspect's vehicle without a warrant constitutes an unlawful search in violation of the Fourth Amendment. This case led the authors to wonder aloud whether an employer might surrepticiously use GPS to track an employee who is suspected of abusing leave under the Family and Medical Leave Act.
U.S. Supreme Court to Decide Whether States Are Immune from Certain FMLA Claims
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Share LinkOn June 27, 2011, the United States Supreme Court agreed to review an FMLA case in which the Court will decide whether a State can be sued under the Family and Medical Leave Act where the employee is seeking leave due to his or her own serious health condition. In lawyer-speak, the question specifically involves "whether Congress constitutionally abrogated states’ 11th Amendment immunity when it passed the self-care leave provision of the Family and Medical Leave Act." Although the issue may at first blush appear to be rather dry and inconsequential to the FMLA practitioner, the decision clearly will impact whether a State can be sued under the FMLA where the issue involves one of "self-care" under the Act.
Baseball's First Player Takes Paternity Leave
Here's a shout out to all the dads out there who have a leg up on major league baseball players in at least one area -- paternity leave.
Cat's Paw Already Impacting FMLA Claims
Last month, the Supreme Court ruled in Staub v. Proctor Hospital(pdf) that an employer in an employment discrimination case can be liable for the discriminatory animus of an employee who influences, but does not make, the ultimate employment decision at issue. Known as the “cat’s paw” theory, it already is having an impact on claims brought under the Family and Medical Leave Act.
Play Ball! An FMLA Lineup That Keeps You in the Pennant Race
In this opening weekend of major league baseball, hope springs eternal for every baseball fan. In honor of my beloved Chicago White Sox, I offer an FMLA lineup card below that from top to bottom will help employers stay atop the pennant race throughout the year.
An Employer's FMLA Nightmare? Hooters Offers Fake "Doctor's Notes" to Skip Work During NCAA Tourney
Over the upcoming weeks, when Carl the Custodian is missing from your workplace, you may want to give your local Hooters Restaurant a call. He just might be there watching the NCAA tournament.
Summary of 2010 FMLA Cases Provides Valuable Resource to Employers and Employment Attorneys
Every February, the American Bar Association's Federal Labor Standards Legislation Committee publishes a comprehensive report of significant FMLA decisions handed down by the federal courts in the previous year.
Mishandling FMLA Leave for Alcohol Treatment Causes Employer to Fall Off the Wagon
An employee enrolled in an addiction treatment program need not be under a doctor's care or actually staying at a rehab institution to qualify for FMLA leave, according to a federal court in Texas. Picarazzi v. John Crane, Inc. (pdf)
Podcast No. 19: An Employer's FMLA "To Do" List for 2011
In this month's podcast, we propose a "to do" list of items employers should consider to ensure their FMLA policies and practices are effective in the New Year.
Company Call-in Policy Upheld, No Interference with Employee's FMLA Rights
An employer did not interfere with its employee’s rights under the Family and Medical Leave Act by firing her for violating repeatedly the company call-in policy, a federal appeals court in St. Louis has ruled in an unpublished decision. Thompson v. CenturyTel of Central Arkansas LLC, No. 09-3602 (Dec. 3, 2010). The Court also ruled that the FMLA did not require an employer to provide its employee with written notice of its call-in policy each time she request leave.
Suffering from Super Bowl-Induced FMLA Leave?
This morning, the sound of the morning alarm was harsh reality for scores of employees throughout Wisconsin. After celebrating a Packers Super Bowl victory late into the night (a bitter pill for this Bears fan to swallow!), they have no interest in dragging themselves out of bed and heading into work. For employers, you need not be located in Wisconsin to suffer the effects of the Super Bowl. Case in point -- I was talking with an HR professional (located outside of WI.) last week who was not looking forward to the day after Super Bowl Sunday, when she spends much of her day processing leave of absence requests -- nearly all of which come from employees who called off right before the Monday morning shift started.
Struggling with Intermittent FMLA Leave
Struggling with Intermittent FMLA Leave
Lessons From The Jewel-Osco / EEOC Settlement.
On January 5, the EEOC announced a $3.2 million settlement in a lawsuit against Jewel-Osco parent company Supervalu Inc., alleging that Jewel-Osco fired disabled employees at the end of medical leaves rather than returning them to work with reasonable accommodations. (Details are available in the Chicago Sun Times, and the EEOC has issued its own press release.) The settlement does not constitute an admission of liability by the company, and as reported by the Sun Times Supervalu denied any wrongdoing.
Policies, Practices and More: An FMLA "To Do" List for 2011
FMLA developments in 2010 came fast and furious: the DOL's interpretation clarifying the definition of in loco parentis, GINA's impact on the FMLA, an impending DOL survey on how families use medical leave, and a number of new court cases giving guidance (and in some cases, muddying the waters) on important issues such as FMLA eligiblity and notice, abuse of FMLA leave, medical certification, caring for a family member and FMLA retaliation.
The DOL's Holiday Gift for the Plaintiff's Bar.
Shortly before the Thanksgiving holiday, the Obama administration's "Middle Class Task Force" announced a new program in which the U.S. Department of Labor will partner with the American Bar Association to refer complaints under the FMLA and federal wage and hour laws to private plaintiffs' attorneys.
Senator Dodd's Legacy: The Family and Medical Leave Act.
In the upcoming weeks, the halls of Congress will welcome a number of new faces and bid farewell to many other personalities. One of those personalities riding into the sunset is the longtime Senator Christopher Dodd of Connecticut. Putting aside for now whether you love him or hate him, Senator Dodd leaves at least one significant legacy behind -- passage of the Family and Medical Leave Act. As the author of the FMLA, which was passed in 1993, and sponsor of several bills pending in Congress that would expand the FMLA, Senator Dodd clearly has been a strong voice for employees in the workplace.
Webinar on Identifying, Managing and Preventing FMLA Abuse.
The 90-minute Webinar and presentation materials (both of which are complimentary) can be accessed at: http://www.franczek.com/fmlawebinar.
Where, and Where Not To Get FMLA Information
Occasionally I spot a piece of FMLA "advice" on the Internet that just makes me chuckle - and that makes me confident that the FMLA will remain a terrific source of business for employment lawyers for a long time to come. Much of it isn't outright wrong, but ends up being so superficial that it completely misses the mark. Take a recent post on ehow.com for example.
Our Favorite FMLA Tweets (and What To Do About Them)
Have you ever searched Twitter for the term "FMLA"? I have. Some of what you find is insightful and informative information for employers, but you will also run across some interesting commentary from employees. Here are a few of my favorite employee FMLA tweets from the past few months:
FMLA Poster In Other Languages?
In a recent post we reviewed the rules relating to posting and publishing the DOL's "General Notice" poster. Among other things, the FMLA rules require employers who have a significant number of employees who do not read English to publish the notice in a language in which the employees are literate. The DOL has a version of the poster available in Spanish, but (as I confirmed with a call to the Department today) not other languages. To make matters more difficult, so far I have not been able to find a vendor who can provide the poster in any other language.
FMLA FAQ - What's the Deal With the Poster?
I know we have to post the DOL's "general notice" poster somewhere, but what exactly are we required to do with it?
FMLA Inclusion Act Introduced in Congress...again.
Is the fifth time the charm? On July 30, 2010, U.S. Senator Richard Durbin introduced the Family and Medical Leave Inclusion Act, which would broaden the Family and Medical Leave Act to permit leave to care for a same-sex spouse, domestic partner, parent-in-law, adult child, sibling, or grandparent who has a serious health condition. S.B. 3680 (pdf) is nearly identical to H.B. 2132, which has been pending in the U.S. House of Representatives, and that (based on our count) has been introduced in the House on four occasions. What's notable about S.B. 3680, of course, is that it now is on track to be considered by the Senate for the first time.
Employee's Headache No Excuse For Insubordination.
Under the FMLA, an employer's obligation to provide leave arises only after an employee gives notice that he or she needs FMLA leave. However, it is well-established that an employee need not explicitly mention the FMLA when requesting leave. Rather, an employee's notice is sufficient if it gives the employer enough information to reasonably conclude that the employee may need leave for an FMLA-qualifying reason.
He Shoots...and Misses! Does the World Cup Invite FMLA Abuse?
A couple weeks ago, as I was preparing a witness for his deposition (in a Title VII and FMLA case), it dawned on both of us that his deposition would take place mere hours after the deciding Game 6 of the Stanley Cup Playoffs.
Sec. Solis Says New Interpretation Expands FMLA
Well, we stand corrected. While we said in our summary of the DOL's new Administrator Interpretation (.pdf) on the issue of FMLA leave for those standing in loco parentis for a child that the new interpretation "arguably does not change existing law," Secretary of Labor Hilda Solis evidently thinks that it does. Writing in the Huffington Post, Secretary Solis had this to say about the new interpretation:
Inconsistent performance appraisal scores may support FMLA interference claim.
In an unpublished opinion, the 6th U.S. Circuit Court of Appeals has held that an employees appraisal score, given during a Reduction in Force (RIF) review, that was significantly lower than an annual performance review score given only 20 days earlier might support a jurys finding that the true reason for the employees layoff was her requested FMLA leave.
New FMLA Amendments Create "Exigencies" for EmployersPart Two.
This two-part article analyzes the new military family leave provisions of the Family and Medical Leave Act (FMLA),
as amended in 2008 and again in 2009. The first installment explored the Active Duty Family Leave for employees who
experience a qualifying exigency arising out of the fact that a family member has been called to active duty. This
second installment analyzes the leave available for an employee to care for a military family member who is injured in the
line of duty and, specifically, how this Injured Service Member Leave compares with the traditional FMLA leave to
care for a family member with a serious health condition.
New FMLA Amendments Create "Exigencies" for Employers.
The Louisiana Army National Guards 3,000-member 256th Infantry Brigade Combat Team is preparing for a 12-month deployment to Iraq. On January 6, 2010, the Louisiana National Guard held a deployment ceremony in White Castle, Louisiana, for its 256th Brigade Special Troops Battalion. The ceremony was reportedly attended by hundreds of family members and friendsand those family members were likely eligible for leave under the Family and Medical Leave Acts new military leave provisions for their attendance at the deployment ceremony. The Battalion will train in Mississippi for six to eight weeks, after which they will have four days of leave to return home before flying to Iraq. Their family members may also be entitled to FMLA leave for that four-day leave period. In light of the increased troop deployments to Afghanistan and Iraq, it is critical for employers to understand the new military leave provisions of the FMLA.
FMLA's administrative complexities create challenges for employers.
The U.S. District Court for the Middle District of Pennsylvania recently re-visited a case on remand from the Third Circuit, and allowed an insurance company employees claims of FMLA interference and retaliation to go forward. Erdman v. Nationwide Insurance Co., M.D. Pa., No. 1:05-cv-0944, 1/15/10. The case is noteworthy on more than one point: first, the 3d Circuit remanded the case on a finding that the employees hours worked at home might be counted toward the 1250 minimum hours needed to be eligible for FMLA leave; second, that evidence of ongoing antagonism between the company and the employee might form the basis of FMLA retaliation; and finally, that a request for FMLA leave may be viewed as a protected activity under Pennsylvanias Human Relations Act.
The Evolving Federal Family and Medical Leave Act: 2010 NDAA Amendments.
The Family and Medical Leave Act of 1993 (FMLA) continues to evolve under the new administration as with the last. As our readers will recall, President Bush signed the Fiscal Year 2008 National Defense Authorization Act, effective January 28, 2008, which amended the FMLA to include injured servicemember and qualifying exigency leaves for eligible employees. The U.S. Department of Labor issued new regulations effective as of January 16, 2009, which clarified the parameters of injured servicemember and qualifying exigency leave and also provided significant clarification in a number of other areas. (See New Family and Medical Leave Act Regulations Issued, Anne M. Radolinski, November 2008.) Now, on October 28, 2009, President Obama signed the National Defense Authorization Act for Fiscal Year 2010 (2010 NDAA), which substantially expands the list of those eligible for exigency and injured servicemember leave.
New Law Expands Military Leave Entitlements Under FMLA.
On October 28, 2009, President Barack Obama signed the National Defense Authorization Act (NDAA) for the 2010 Fiscal Year, which includes provisions that expand the military leave entitlements of the federal Fam-ily and Medical Leave Act (FMLA). The NDAA amends both the "qualifying exigency" and military caregiver leaves that became effective in January 2008.
Congress Looking to Overhaul FMLA: Proposed Legislation Could Present New Compliance Challenges.
Although sometimes lost in the buzz over health care reform and union card-check legislation, over the past several months, Congress has also been considering a slew of aggressive proposals designed to expand various aspects of the Family and Medical Leave Act (FMLA). While these changes could affect employers in all industries, retailers should be especially concerned due to the possible lowering of requirements for coverage of part-time employees.
Congress Considers Paid FMLA Leave And New Taxes To Pay For It.
On March 25, 2009, four House Democrats introduced a bill that would create a new federal insurance fund to provide employees with up to 12 weeks of paid family and medical leave each year.
Legislation to Revise FMLA Introduced.
Recently, two bills were introduced in the House of Representatives that would expand the scope of the Family and Medical Leave Act of 1993 (FMLA). On April 29, 2009, Rep. Carol Shea-Porter introduced legislation, H.R. 2161, that would reverse certain regulations issued by the Department of Labor (DOL), which became effective January 16, 2009. Also, on April 28, 2009, Rep. Carolyn Maloney introduced legislation, H.R. 2132, that would amend the FMLA to permit leave to care for a domestic partner as well as other individuals in an employee's extended family.
Education Update: A Refresher Course On FMLA Leaves.
A teacher approaches you at the beginning of the school year and tells you that she is pregnant and will be needing time off in early April for the birth of her baby. She plans to return for the last two weeks of the term. Another employee, your football coach, approaches you and states that his father, an Army Sergeant Major, suffered a serious injury while in Iraq and he needs one day off each week for the next eight weeks to assist in his father's planned medical treatment. What are the school's obligations in these situations?
House Considers Paid Family Leave Legislation.
On March 25, 2009, a bill was introduced in the House of Representatives that would create a family leave insurance program giving eligible employees up to 12 weeks of paid family leave in a 12-month period. The Family Leave Insurance Act of 2009 (H.R. 1723) builds on the Family and Medical Leave Act of 1993 (FMLA) and adopts many of the definitions of that law, with certain exceptions.
Employer's Daily Call-In Policy Found Not To Violate FMLA.
A federal appellate court recently upheld summary judgment in favor of an employer who discharged an employee for failing to follow a company policy requiring employees to call in each day during an extended absence. This ruling is notable because the employee previously had been granted leave under the FMLA.
Employer Does Not Violate FMLA by Having Daily Call-In Policy.
The 8th U.S. Circuit Court of Appeals recently upheld summary judgment in favor of an employer who discharged an employee for failing to follow a company policy requiring employees to call in each day during an extended absence. This ruling is notable because the employee previously had been granted leave under the FMLA.
Seventh Circuit Finds Surveillance Proper In Fraud Investigation.
A federal appellate court recently dismissed a lawsuit brought by an employee who was working at her husband's lawn-mowing business while on intermittent medical leave from her employer. According to the Seventh Circuit Court of Appeals, the employer did not violate the Family and Medical Leave Act (FMLA) by terminating the employee because it had an "honest suspicion" that she was misusing her FMLA leave.
DOL Issues New Final FMLA Regulations.
On November 17, 2008, the United States Department of Labor issued a new set of Final Regulations updating its Family and Medical Leave Act ("FMLA") Regulations. Although Ford & Harrison LLP is preparing an extensive analysis of the new regulations, some of the more important features include:
Proposed Amendments to the FMLA Regulations will affect Physicians (pdf).
The U.S. Department of Labor has proposed amendments to the
Family and Medical Leave Act (FMLA) regulations, some of
which will impact physicians. Public comment on the proposed
amendments ended on April 11, 2008. The Department has not
announced when the regulations will be finalized and published,
although it is expected to occur before the end of the Bush
Presidential term of office.
Seventh Circuit Awards FMLA Rights to Ineligible Employee.
In today's workplace, employees are increasingly looking for opportunities to telecommute. Whether based on a desire to balance family and professional responsibilities, or more recently, to save money at the gas pumps, a rapidly growing number of employees would prefer to work from home. According to a recent Dice Holding study, nearly 40% of information technology workers would accept up to a 10% reduction in salary for the opportunity to work from home. This trend shows no signs of letting up any time soon.
Handbook Language May Create FMLA Obligations For Ineligible Employees.
What does your employee handbook say about leaves of absence? If it erroneously promises FMLA rights, the company may be bound to extend those rights to employees, even if the company is not covered or the employee is not eligible.
Employer's Inclusion of FMLA Benefits In Handbook May Bind Company, Even Without the Requisite 50 Employees (7th Cir.).
Under the Family and Medical Leave Act (FMLA) a qualified employee is one who has worked for at least 1250 hours during the previous 12 months. In addition, an employer is subject to the FMLA if it has at least 50 employees within a 75 mile radius. Recently, the 7th U.S. Circuit Court of Appeals held that an employee can proceed with state-law claims for breach of contract or promissory estoppel based on handbook language granting FMLA-type leave, even though the employer had less than 50 employees.
Handbook Language May Create Leave Rights even if Employees are not Eligible for FMLA Leave.
The Seventh Circuit recently held that an employer may be bound under state law to comply with the leave policy contained in its employee handbook, even though the employee seeking leave is not an eligible employee under the federal Family and Medical Leave Act (FMLA).
New Family and Medical Leave Act Developments.
The Family and Medical Leave Act (FMLA) has been the source of considerable discussion and much angst as employers try to comply with its intricate regulations and an array of court decisions that arent always consistent. This year has seen the most significant changes and proposed changes to the FMLA in the 15 years since the law was enacted.
President Vetoes Bill Containing FMLA Revisions
In a surprise move Monday, President Bush pocket vetoed the military spending bill that included revisions to the Family and Medical Leave Act (FMLA), discussed in our December 26 Legal Alert.
Congress Approves Expansion of FMLA Protection for Military Family Members.
Congress recently approved the first expansion of the Family and Medical Leave Act (FMLA) since that law was enacted in 1993. Congress approved the National Defense Authorization Act for Fiscal Year 2008 on December 14, 2007 and presented it to President Bush for his signature on December 19. The President is expected to sign this bill, which, in addition to authorizing appropriations for various military and defense activities, modifies the FMLA in two ways.
FMLA Blues.
Most dealers know that in order to be eligible to request the Family and Medical Leave Act (FMLA) employees must meet three initial conditions: They must work for an employer who employs at least 50 employees within a 75-mile radius; They must have been employed by the employer for at least 12 months; and They must have worked at least 1,250 hours in the twelve months prior to requesting the leave. What many dealer do not know is that the 12 months of employment in #2 need not be consecutive. A dealer in Maine recently learned this the hard way.
Healthcare Update: FMLA May Require Treatment of Ailing Job Descriptions.
Does a charge nurses seizure disorder compromise patient safety? Can a nurse with a two-pound lifting restriction perform the essential duties of her job? These questions and others like them often arise in the healthcare industry and the wrong answer could trigger liability not only under the Americans with Disabilities Act (ADA), but also under the Family and Medical Leave Act (FMLA).
A New Look At Paid Leave Under The Family and Medical Leave Act.
The FMLA and its 1995 implementing regulations revolutionized workplace law by protecting a variety of absences that would have resulted in disciplinary action or termination of employment.
DOL Weighs In On FMLA Issues (pdf).
In addition to its recent opinion letters on wage and hour topics,
the Department of Labor (DOL) also has addressed various issues arising
under the Family and Medical Leave Act (FMLA). One recent letter
addressed absences for the placement of a child for adoption or foster
care and another attempted to clarify the application of the FMLAs
medical certification provisions.
Its Family and Medical Leave Act, not Friendly Medical Leave Act.
What are your obligations when an employee returns from Family and Medical Leave Act (FMLA) leave? How should you treat her? You know the answer just like everyone else. The law forbids you from retaliating against someone for taking FMLA leave, but that doesnt mean you cant honestly evaluate her work performance before or after she takes her leave or even closely monitor her performance when she returns if you have a legitimate problem with it and you would do the same for any other employee.
New FMLA Court Decisions Provide Guidance.
Compliance with the federal Family and Medical Leave Act (FMLA) can be daunting.
