Archives: FMLA

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Paid Family Leave On the Rise – California and New York State Both Set to Expand Benefits Starting January 1, 2018

Come January 1, 2018, employees in California and New York will enjoy new and expanded rights to time off work, with pay, to attend to certain family needs.  New York, whose law was enacted in 2016 (see our prior post here), boasts its law as being the nation’s “strongest and most comprehensive” on paid family … Continue Reading

Seventh Circuit Explains: The ADA Is Not A “Medical Leave” Statute

On September 20, 2017, the Seventh Circuit in Severson v. Heartland Woodcraft, Inc. held that a long-term leave of absence is not a reasonable accommodation under the Americans with Disabilities Act (“ADA”).  As we all know, the ADA prohibits employers from discriminating against “qualified individuals” with disabilities, defining such individuals as applicants or employees who, with … Continue Reading

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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