Nexsen Pruet • May 16, 2016
As employers covered by the Family Medical Leave Act (FMLA) can attest, administering the FMLA’s regulatory framework at the employee level can consume substantial time and resources. Despite the expense associated with applying the complex and often counterintuitive regulations, the U.S. Department of Labor takes the position that “[t]he FMLA is working.”
The US Department of Labor (DOL) has released an Employer Guide to assist employers in complying with the Family and Medical Leave Act (FMLA). In addition, the DOL has released a new version of the FMLA workplace poster. However, an employer that continues to post the February 2013 version of the poster will remain in compliance.
Franczek Radelet P.C • April 25, 2016
Earlier today, the Department of Labor announced that it soon will require employers across the country to post a new DOL general FMLA Notice in their workplaces. In issuing this new directive, the agency also unveiled a new guide to help employers navigate and administer the FMLA. Here’s the scoop:
Managers who possess sufficient power to control employees may be held individually liable for violations of the Family and Medical Leave Act (FMLA), a federal appeals court ruled.
Ogletree Deakins • April 15, 2016
The Second Circuit Court of Appeals has recently held that a human resources manager could be held liable as an employer under the Family and Medical Leave Act (FMLA). In issuing its decision in Graziadio v. Culinary Institute of America, the court also articulated standards for FMLA interference claims and association discrimination claims under the Americans with Disabilities Act (ADA).
Franczek Radelet P.C • March 31, 2016
A couple of clients have asked me recently whether a health care provider can use his/her own medical certification form or “doctor’s note” to support the employee’s need for FMLA leave, or can we require the HCP to use the employer’s form.Or what if the HCP charges a fee to complete the form?
Goldberg Segalla LLP • March 24, 2016
Employers routinely hire human resources (HR) employees to help the company navigate the myriad laws and regulations governing employment issues. These employees are often tasked with ensuring that the employers do not run afoul of these laws and regulations. For example, when employees request that they be allowed to take a leave of absence, managers often look to the company’s HR employee for assistance in determining when and under what circumstances an employee can take leaves, what documents are required from the employee, when the employee can return to work, and what accommodations, if any, are required when the employee returns to work. It is common — indeed, an accepted and even legally recommended policy — for companies to allow HR personnel to be the “point person” with regard to an employee’s leave of absence request. But, HR employees beware: The Second Circuit recently held that an HR director can be personally liable for violating the Family and Medical Leave Act (FMLA), 29 U.S.C. §§ 2601, et seq. for her conduct in interacting with an employee seeking such leave.
Franczek Radelet P.C • March 23, 2016
Q: One of our employees was at full-time status (40 hrs/wk.) six months ago when he was granted intermittent FMLA leave for a GI issue that flared up from time to time.
Goldberg Segalla LLP • March 17, 2016
Had a great vacation? Post it on Facebook. Fun surfing? Post that too. Swam some laps while on FMLA leave due to a shoulder injury? You should probably keep that one to yourself. Employers continue to struggle with balancing their own marketing interests with the interests of employees in maintaining a social media presence. Of course, an employee’s use of social media may not always comport with an employer’s interests as identified in its social medial protocols or otherwise conflict with accepted practices. Take for example the recent decision from the Middle District of Florida.
Jackson Lewis P.C. • March 10, 2016
Alabama is now a kibosh state, joining about a dozen others that prohibit municipalities from passing a law requiring employers to provide employees with paid or unpaid leave. The Alabama law, HB 174, also bars municipalities from requiring employers to pay employees for any leave required by federal law, e.g., the Family and Medical Leave Act.