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Report Link New Family and Medical Leave Act Developments.Fredrikson & Byron, P.A. - March 31, 2008 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 aren’t 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. Report Link President Vetoes FMLA Amendments Extending Leave to Families of Servicemembers, New Legislation Expected.Jackson Lewis LLP - January 10, 2008 For reasons unrelated to proposed Family and Medical Leave Act amendments, President George Bush has vetoed a defense authorization bill that included provisions providing for (a) up to six months of leave for family members caring for military veterans injured while on active duty in the U.S. Armed Forces and (b) 12 weeks of leave to family members of servicemembers called up to active duty under certain circumstances. The President has stated he supports the FMLA amendments which have extremely broad Congressional support. New legislation is likely to be passed in early 2008 and is expected to be signed by the President. Report Link President Vetoes Bill Containing FMLA RevisionsFord & Harrison LLP - January 04, 2008 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. Report Link Congress Approves Expansion of FMLA Protection for Military Family Members.Ford & Harrison LLP - December 28, 2007 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. Report Link Concerns Raised Over Fourth Circuit Decision Limiting Private Resolution of FMLA Disputes.Jackson Lewis LLP - December 28, 2007 A federal appeals court ruling in Richmond that releases of Family and Medical Leave Act ("FMLA") claims by employees must be approved by a court or the U.S. Department of Labor in order to be valid may prove troubling for employers and employees alike, who now question whether they can resolve their FMLA disputes privately. Report Link Congress Amends FMLA, Extending Leave to Families of Veterans and Service Members.Jackson Lewis LLP - December 20, 2007 Congress overwhelmingly passed the 2008 National Defense Authorization Act which included provisions providing for (a) up to six months of leave for family members caring for military veterans injured while on active duty in the U.S. Armed Forces and (b) 12 weeks of leave to family members of service members called up to active duty under certain circumstances. Report Link A Few Aspirin for that FMLA Headache.Elarbee, Thompson, Sapp & Wilson, LLP. - December 20, 2007 Do your managers complain that the use of short-notice or no-notice leave under the Family and Medical Leave Act (FMLA) is hurting productivity and the morale of employees who are asked to take up the slack? Are your Human Resources officials frustrated in finding ways to legally curb the use of such leave? If so, you are not alone. Report Link Focus On The FMLA.Helms Mulliss & Wicker - October 10, 2007 The federal Family and Medical Leave Act (FMLA) grants eligible employees up to twelve weeks of unpaid leave during a twelve-month period to address the employee’s or certain relative’s serious health condition, or due to the birth, adoption or placement of a child in the employee’s care. Issues regarding who is eligible for leave, the circumstances under which leave must be granted, and the timing of leave have continued to be hotly debated (and litigated) since the FMLA’s enactment in 1993. In the last two weeks alone, both the First and Sixth Circuits have issued opinions concerning the calculation and denial of FMLA leave, and the federal Department of Labor (DOL) has discussed possible action to address concerns raised over health certifications and releases. Report Link FMLA Blues.Fisher & Phillips, LLP - August 10, 2007 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. Report Link Growing Number of States Passing Family Military Leave Acts.Jackson Lewis LLP - August 01, 2007 With the continuing demands on the military Reserve and National Guard, a growing number of states have been passing Family Military Leave Acts giving soldiers' family members limited unpaid leave entitlements. In general, the acts allow the family members of active duty soldiers to take unpaid leave during periods leading up to or immediately following their family member's deployment and also during periods of leave while still on active duty. The new statutes vary, but employers should be cognizant of these new laws and prepared to adjust their leave procedures to comply. Currently, Illinois, Indiana, Maine, Minnesota, Nebraska, and New York have passed these laws. Report Link Jackson Lewis' Recommendations Featured in Labor Department Report on FMLA Request for Information.Jackson Lewis LLP - July 05, 2007 Describing unscheduled, intermittent Family and Medical Leave Act ("FMLA") leave as the "single most serious area of friction between employers and employees seeking to use FMLA leave" and "a central defining theme" of more than 15,000 comments, the Department of Labor ("DOL") released an unprecedented report on key FMLA provisions (the "Report"). The 161-page Report, highlighting nine of Jackson Lewis' suggestions on key FMLA provisions, made clear it was not proposing any regulatory changes. Rather, the DOL hopes the Report promotes further discussion on how certain FMLA provisions and interpretations affect the workplace. Report Link Healthcare Update: FMLA May Require Treatment of Ailing Job Descriptions.Fisher & Phillips, LLP - May 04, 2007 Does a charge nurse’s 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). Report Link A New Look At Paid Leave Under The Family and Medical Leave Act.Shaw Valenza LLP - March 15, 2007 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. Report Link DOL Weighs In On FMLA Issues (pdf).Ogletree Deakins - December 16, 2005 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 FMLA’s
medical certification provisions. Report Link Five Common FMLA Mistakes Made by Employers and Tips for Avoiding Them.Helms Mulliss & Wicker - September 26, 2005 It is hard to believe that it has been ten years since the U.S. Department of Labor (DOL) issued its final regulations implementing the federal Family and Medical Leave Act of 1993 (FMLA). Unfortunately, the passage of time has not made complying with the statute and regulations any easier. Even after years of DOL opinions and court decisions, much of the regulations remain confusing and non-intuitive. However, because of the passage of time, a pattern of common issues has emerged. Report Link It’s Family and Medical Leave Act, not Friendly Medical Leave Act.Jones Walker - February 11, 2005 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 doesn’t mean you can’t 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. Report Link New FMLA Court Decisions Provide Guidance.Fredrikson & Byron, P.A. - February 24, 2004 Compliance with the federal Family and Medical Leave Act (FMLA) can be daunting. Report Link DOL Reports Many Employers Provide More Generous Leave Benefits Than Required by FMLA.Jackson Lewis LLP - July 20, 2001 In its recent report "Balancing the Needs of Families and Employers: Family and Medical Leave Surveys," the U.S. Department of Labor reports that 21.4% of surveyed employers offer more than 12 weeks of leave per year. Report Link No FMLA Violation Where Employer Grants More Leave Than Required By Law.Jackson Lewis LLP - July 01, 2001 The Connecticut Superior Court recently ruled that an employer did not violate the Family and Medical Leave Act by terminating an employee after a six-month medical leave of absence. Szpryngel v. Waterbury Extended Care Facility Inc. (Conn. Super. Ct. Apr. 24, 2001). Report Link Compliance Assistance.Department of Labor - December 01, 1999 DOL's Compliance Assistance Materials on the FMLA. Report Link Resource Site.CCH - (No Date) This section of CCH's Business Owner's Toolkit contains summaries of the most prominent federal employment law statutes. The FMLA section also contains summaries of state laws for those employers who have less than the jurisdictional minimum to be covered by the FMLA Report Link FMLA Compliance Guide.Department of Labor - (No Date) Employment Standards Administration Wage and Hour Division FMLA Compliance Guide. Report Link FMLA Fact Sheet.Department of Labor - (No Date) Fact Sheet No. 028. DOL, Wage & Hour Division Fact Sheet on the FMLA.
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ArticlesFound: 23 ArticlesNO SUBTOPICSEmployment Law Seminars
UNDERSTANDING YOUR ETHICAL RESPONSIBILITIES AT WORK (AB 1234 COMPLIANCE)
Sacramento
May 13, 2008 Shaw Valenza LLPPreventing Wage/Hour Class Actions.Online
May 13, 2008 LittlerHOW TO CONDUCT EFFECTIVE INTERNAL INVESTIGATIONSSacramento
May 13, 2008 Shaw Valenza LLPHow to Stay Union FreeLas Vegas
2008-5-13 Jackson Lewis LLPConducting Effective Investigations of Employment Claims: Essential Skills for Internal InvestigatorsHouston
May 13, 2008 Littler2008 Public Sexual Harassment Training for supervisors and managers.Universal City
May 13, 2008 Ballard RosenbergSHRM Morris County Monthly Legal UpdateFlorham Park
2008-5-14 SHRM Morris County ChapterThe Connecticut Sexual and Other Harassment Education and Training in the Workplace ActHartford
2008-5-14 Jackson Lewis LLPDigital Dangers: Recent E-Discovery Developments and TrendsLas Vegas
May 14, 2008 LittlerHealth Care's New Labor and Privacy Law Frontiers: Defusing Tomorrow's Problems TodayDenver
May 14, 2008 Littler |
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