Tag Archives: FMLA

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

The DOL Releases Updated FMLA Forms

Earlier this month, the Department of Labor (DOL) issued a Final Rule implementing revisions to the military leave provisions of the Family and Medical Leave Act of 1993 (FMLA).  In conjunction with the Final Rule, the DOL updated several of its existing FMLA forms to reflect the statutory and regulatory changes made to the law.  … Continue Reading

FMLA Celebrates 20 Years with Expansion

Most employers are well aware of the Family and Medical Leave Act (FMLA) provisions which entitle qualifying employees to twelve weeks of unpaid, job-protected leave each year for certain events such as: the birth or adoption of a child; care for an immediate family member with a serious health condition; or the employee’s own serious … 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

Mistaken Allowance of FMLA

In order to qualify for leave under the Family and Medical Leave Act (“FMLA”), an employee must meet certain eligibility requirements (e.g., work for the employer for the last twelve months and work at least 1250 hours within the past year).  Employees who do not meet these requirements do not qualify for FMLA leave, which … 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

The Proper Standard of Proof in FMLA Interference Cases

On January 17, 2012, nearly twenty years after the introduction of the Family and Medical Leave Act (“FMLA”), the Sixth Circuit clarifies the proper standard of proof for FMLA interference claims by applying the burden-shifting framework announced in McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973). The McDonnell Douglas burden-shifting framework, as applied to … Continue Reading
LexBlog