The Family and Medical Leave Act provides unpaid job-protected leave for a qualified employee to care for a spouse, parent, or child with a serious health condition. This means that FMLA protections do not extend to employee...more
12/20/2024
/ Appeals ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
In Loco Parentis ,
Parental Responsibilities ,
Special Needs Adults ,
Wrongful Termination
Earlier this year, the Fourth Circuit Court of Appeals (which includes North Carolina, South Carolina, and Virginia) issued a decision that provides employers with an important defense to some Family and Medical Leave Act...more
For many employers, the intermittent leave provisions of the Family and Medical Leave Act pose the most difficult issues for providing leave entitlement while accomplishing necessary work tasks. Many companies are familiar...more
The Family and Medical Leave Act does not require employers to allow qualified employees to work remotely. While such requests may fall under the Americans with Disabilities Act’s reasonable accommodation obligation, the FMLA...more
The Family and Medical Leave Act provides parents with up to 12 weeks of unpaid, job-protected leave following the birth of a child. What if the non-birthing parent needs to travel to be there for the delivery?...more
When we talk with employers about employees taking Family and Medical Leave Act leave, we sometimes get questions about the impact of the employee’s absence on the business. We in turn explain that the FMLA is an entitlement,...more
During the COVID-19 pandemic, we started receiving an increasing number of questions from employers relating to employees seeking accommodations or leave for stress and anxiety-related mental health issues. In several of...more
The Family and Medical Leave Act (FMLA) provides covered employees with up to 12 weeks of job-protected leave, if they or a close family member have certain medical conditions. Last week, the Third Circuit Court of Appeals...more
The Family and Medical Leave Act prohibits employers from interfering with or retaliating against an employee who requests FMLA leave. Last week, the Fourth Circuit Court of Appeals (which includes North Carolina, South...more
Employee medical leave issues involving rights under the Americans with Disabilities Act (ADA) and Family and Medical Leave Act (FMLA) present some of the most complex and dangerous legal situations for employees. Employers...more
Intermittent medical leave requests under the Family and Medical Leave Act (FMLA) present some of the most vexing legal and business challenges for employers. The unpredictability of these absences can create scheduling and...more
In recent discussions, a number of employers have advised us that they are providing the Department of Labor’s (DOL) Family and Medical Leave Act (FMLA) medical certification forms to employees who have disclosed...more
The Family and Medical Leave Act (FMLA) prohibits employers from denying qualified employees’ requests for leave or otherwise interfering with employees’ rights under the law. What happens if an employee never requests FMLA...more
Here’s another common scenario we see with clients: An employer has an especially difficult employee who has made multiple complaints about their treatment while at the same time performing terribly and missing...more
A client recently received a demand letter from an attorney representing a former employee who suffered a serious neurological incident. The employee’s spouse provided a doctor’s note indicating that the employee could...more
Earlier this month, the Biden administration declared a national health emergency based on the spread of the monkeypox virus. Employers that have endured the COVID-19 emergency may be asking whether there are any steps...more
“Grade inflation” is a well-known phenomenon in the academic sphere, where grade-point averages creep up over time despite the lack of performance-based reasons for the increase. Grade inflation can also be an issue...more
Here’s one of the most common scenarios our employment lawyers face: An employee with marginal to poor performance goes out of work on FMLA leave (often prompted by stress or anxiety relating to review of their performance)....more
One unfortunate consequence of the COVID-19 pandemic is the need for some employees to take time from work due to the death of a parent or other close relative who passes away due to the virus. We have had questions from...more
In his address to a joint session of Congress on Wednesday, President Joe Biden laid out his plan for providing workers with up to 12 weeks of paid family and medical leave per year. President Biden based the proposal on...more
Many employers that attempt to manage workers’ compensation claims and expenses offer temporary light duty work to employees whose injuries prevent them from performing their regular job functions. The Department of Labor has...more
4/12/2021
/ Appeals ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Litigation ,
Family and Medical Leave Act (FMLA) ,
Jury Trial ,
Light-Duty Positions ,
Remand ,
Reversal ,
Summary Judgment ,
Workers' Compensation Claim
The statute of limitations for bringing claims under the Family and Medical Leave Act is two years from the last alleged illegal act. However, this period is increased to three years in the event of a willful FMLA violation...more
It may seem like a lifetime ago, but the Families First Coronavirus Response Act (FFCRA) has only been in effect since March. Just as employers have become comfortable with the law’s paid leave and other provisions, FFCRA is...more
Last week, the House of Representatives passed legislation that would provide qualified federal employees with up to 12 weeks of paid parental leave. This measure enjoys rare bipartisan support, and is expected to pass the...more
During the past year, we have encountered a number of situations where employers have allowed current and former employees to remain on their group medical insurance plans well past the date that they should have been placed...more