Archives: FMLA

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US Department of Labor Resumes Issuing Opinion Letters To Assist Employers Navigate Federal Wage & Hour and Leave Laws

Newly appointed Secretary of Labor Alexander Acosta announced on June 27 that the U.S. Department of Labor (“DOL”) would resume issuing opinion letters in response to employers and employees who submit inquiries seeking fact-specific interpretations of the Fair Labor Standards Act (“FLSA”) and the Family and Medical Leave Act (“FMLA”).  Opinion letters are official, interpretative … Continue Reading

Time Off as an ADA Accommodation? You Better Be-Leave It!

Many employers maintain policies that restrict the amount of time an employee can take off from work, or that prohibit employees who are ineligible for leave under the Family and Medical Leave Act to take time off from work at all even when ill or injured.  But a new resource document issued by the EEOC … Continue Reading

EMPLOYEE STRESSED OUT BY MANAGER IS NOT DISABLED AND MAY BE TERMINATED

Stress can be a common workplace complaint, and such complaints are often attributed to managers—perhaps unsurprisingly given the managerial role of meeting performance goals. A recent case found that such narrow and particularized stress is not a disability recognized under California’s Fair Employment and Housing Act (FEHA). Aside from the reason for the plaintiff’s stress, … Continue Reading

Are You Using the Updated FMLA Forms?

Over the Memorial Day holiday weekend, the DOL published updated FMLA forms.  They were a little overdue as the prior FMLA forms available on the Department of Labor’s website expired on February 28, 2015.  In any event, the updated forms, which are good through 2018, include the following: (All links are PDFs) Notice of Eligibility … Continue Reading

FMLA: A Spouse Is A Spouse, No Matter Their Sex

On February 25, 2015, the U.S. Department of Labor’s Wage and Hour Division issued a Final Rule revising the definition of spouse under the Family and Medical Leave Act (FMLA) so that eligible employees in legal same-sex marriages may take FMLA leave to care for their spouse or family member. Effective March 27, 2015, the term … Continue Reading

A Casual Conversation is Insufficient Notice Under the FMLA

Although covered employers are required to provide leave under the Family and Medical Leave Act for eligible employees, employees must provide notice of such leave.   It is clear that an employee is not required to specifically mention FMLA.  However, what the notice looks like depends in large part on the individual circumstances.  Recently, the Seventh … Continue Reading

Is a Pre-Eligibility Leave Request a Viable Basis for FMLA Claims?

Yes, in a case of first impression, the Eleventh Circuit affirmed that a pre-eligibility request for post-eligibility leave may serve as a viable basis for interference and retaliation claims under the Family and Medical Leave Act (FMLA). Pereda v. Brookdale Senior Living Cmtys., Inc., 2012 U.S. App. LEXIS 492 (11th Cir. Fla. Jan. 10, 2012). Plaintiff … Continue Reading
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