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.
3d Cir. Finds Individual Supervisor Liable Under FMLA
Can an individual supervisor be held liable when an employee files suit? Well, like all legal questions, it depends. The Third Circuit Court of Appeals issued an opinion yesterday expanding the instances when the answer to this question is yes in Haybarger v. Lawrence County Adult Probation & Parole, No. 10-3916 (3d Cir. Jan. 31, 2012).
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.
DOL Releases Proposed Rule Implementing FMLA Amendments Expanding Leave Entitlement for Military Caregivers and Flight Crew Members
The Department of Labor has released a proposed rule (pdf) that implements the Family and Medical Leave Act (FMLA) amendments made by the National Defense Authorization Act for FY 2010 (FY 2010 NDAA) and the Airline Flight Crew Technical Corrections Act. Both laws enacted in 2009 entitle more employees to FMLA leave.
Sixth Circuit Decides McDonnell Douglas Applies to FMLA Interference Claims
Donald v. Sybra, Inc., No. 10-2153, 2012 WL 117612 (6th Cir. Jan. 17, 2012) has settled the issue of whether FMLA interference claims should be evaluated under the McDonnell Douglas framework in the Sixth Circuit. The Donald court held that the McDonnell Douglas test applies.
Workers Not Yet Eligible for FMLA are Protected from Interference and Retaliation, Federal Court Rules
The federal Family and Medical Leave Act protects an employee’s pre-eligibility request for post-eligibility leave, the federal appeals court in Atlanta has held. Pereda v. Brookdale Senior Living Communities, Inc., 2012 U.S. App. LEXIS 492 (11th Cir. Jan. 10, 2012). The Eleventh Circuit has jurisdiction over Alabama, Florida, and Georgia. Accordingly, the Court found that the lower court erred when it dismissed a pregnant employee’s FMLA interference and retaliation claims.
FMLA FAQ: Can an Employer Deny FMLA Leave to An Employee Who Is Not Yet Eligible to Take Leave?
Q: Can an Employer Deny FMLA Leave to An Employee Who Is Not Yet Eligible to Take Leave?
