http://www.elinfonet.com/fedindex/10 Employment law articles discussing the FMLA. Sun, 07 Sep 2008 19:09:05 EST en-us http://www.elinfonet.com/newscount.php?popID=7241 Article: 7241 Fri, 05 Sep 2008 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) 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. http://www.elinfonet.com/newscount.php?popID=7230 Article: 7230 Tue, 02 Sep 2008 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) 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. http://www.elinfonet.com/newscount.php?popID=7179 Article: 7179 Tue, 05 Aug 2008 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) 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. http://www.elinfonet.com/newscount.php?popID=7165 Article: 7165 Fri, 01 Aug 2008 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) On January 28, 2008, the Family Medical Leave Act (FMLA) was amended by the National Defense Authorization Act for Fiscal Year 2008 to provide up to 26 weeks of job protected family leave to care for injured members of the Armed Forces, and up to 12 weeks of leave because of a qualifying exigency arising out of an employee's parent, child, or spouse's active duty or call to active duty. Under the amendment, a maximum of 26 weeks of leave may be taken during a 12-month period for any combina tion of the FMLA-qualifying events. Then, on February 11, 2008, the Department of Labor (DOL) issued much-anticipated proposed regulations for implementing the FMLA. These rules, which seek to clarify existing regulations, were open for public comment for a 60-day period, but the comment period closed on April 11, 2008. Although the DOL has not summarized or published the comments to date, it plans to complete the review process and adopt the new regulations prior to January 2009, when President Bush leaves office. Additionally, although this release does not include specific proposals for implementing the new leave provisions for family members of military personnel, the DOL did seek public comments on such rules. http://www.elinfonet.com/newscount.php?popID=7147 Article: 7147 Fri, 25 Jul 2008 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) 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. http://www.elinfonet.com/newscount.php?popID=7132 Article: 7132 Wed, 23 Jul 2008 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) 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). http://www.elinfonet.com/newscount.php?popID=7012 Article: 7012 Fri, 13 Jun 2008 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) The Family and Medical Leave Act allows employees to take reasonable leave for certain reasons spelled out in that Act. The FMLA includes prescriptive provisions – which create a series of substantive rights, consisting primarily of 12 weeks of unpaid leave – along with proscriptive provisions, which bar employers from penalizing employees and other individuals from exercising rights granted under the FMLA. The 5th U.S. Circuit Court of Appeals recently addressed the issue of whether the anti-retaliation provisions of the FMLA automatically protect the co-worker/spouse of an employee from retaliation, and held that it does not. http://www.elinfonet.com/newscount.php?popID=6890 Article: 6890 Fri, 25 Apr 2008 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) The Tenth Circuit recently held that an employer who denied an employee’s Family Medical Leave Act (FMLA) claim after the employee twice failed to provide an adequate medical certification did not "willfully" violate the FMLA. See Bass v. Potter (10th Cir. April 15, 2008). The decision is the first published decision by the Tenth Circuit defining the standard for "willfulness" under the FMLA. http://www.elinfonet.com/newscount.php?popID=6830 Article: 6830 Mon, 31 Mar 2008 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) 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. http://www.elinfonet.com/newscount.php?popID=6818 Article: 6818 Mon, 24 Mar 2008 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) Highlights of the proposed changes.