The folks at the California Public Agency Labor and Employment blog yesterday raised an issue that has popped up from time to time with our own clients: When it comes to “baby bonding” leave, does the Family and Medical Leave Act provide more generous benefits for unmarried parents than it does for married parents? In short, the answer is Yes.
Articles Discussing The FMLA Regulations.
Employee’s Failure to Return Supervisor’s Phone Calls Dooms FMLA Claim
When an employee’s request for medical leave is vague or is unclear, the Family and Medical Leave Act regulations specifically allow (in fact, they require) the employer to question the employee further to determine whether the absence potentially qualifies under the FMLA. When the employee fails to respond to these reasonable inquiries, the employee may lose the right to FMLA protection.
FMLA FAQ – Does Travel Time Count as FMLA Leave?
One of our employees has asked for leave to care for a family member in another state. Does the travel time to and from the family member count as part of the FMLA leave?
FMLA FAQ – How do snow days affect FMLA leave?
Like many employers, we were closed yesterday due to the massive blizzard. We have an employee out on FMLA leave. Do I count the snow day against this employee’s 12-week leave entitlement?
FMLA FAQ – How do I calculate FMLA leave around the holidays?
I have an employee who is certified for FMLA leave. Our office is closed for Thanksgiving next Thursday and Friday. Do those days count as FMLA leave.
Knowledge of Employee’s Cancer and Discussion of FMLA Enough to Support Discharge Claim.
According to a recent ruling by the 9th Circuit Court of Appeals, an employee may have a valid wrongful discharge claim under the FMLA even if she fails to actually request FMLA leave, based upon evidence that her employer was aware that she had cancer and discussed whether she had taken FMLA leave shortly before her termination.
Employee’s Failure To Call In Defeats FMLA Claim
Under the FMLA rules, an employer may require employees seeking FMLA leave to comply with its “usual and customary notice and procedural requirements for requesting leave,” except in “unusual circumstances” that prevent the employee from doing so. A recent decision by a federal district court in Tennessee demonstrates how this provision can be exceedingly useful to employers in managing FMLA leave. Ritenour v Tenn Dept of Human Services (.pdf).
Failure to Follow Employer’s Leave Procedures Dooms FMLA Claim.
Employers frustrated with their employees’ lack of communication during FMLA leave have found a friend in the Seventh Circuit Court of Appeals. In what must be described as a solid win for employers, the appellate court (which covers IL, IN and WI) affirmed the dismissal of a former employee’s Family and Medical Leave Act claim against the company that fired her after she failed to provide proper notice under the company’s policies for an extension of leave.