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Family and Medical Leave Act (FMLA) Corporate Counsel

Kohrman Jackson & Krantz LLP

From Accommodation to Termination: What Employers Need to Know About Navigating Indefinite Leave

When an employee requests extended medical leave, employers often wonder how long they must wait before it is no longer “reasonable.” The Fourth Circuit recently addressed this in Coffman v. Nexstar Media, offering clarity on...more

Constangy, Brooks, Smith & Prophete, LLP

“If we do it for you, we’ll have to do it for everybody”: 4 worst practices for employers

Accommodate, accommodate, accommodate! I started practicing law two years before Congress enacted the Americans with Disabilities Act (1990), and four years before it took effect (1992 for larger employers, 1994 for smaller...more

Jackson Lewis P.C.

Vermont Expands Family Leave Protections: New Entitlements and Broader Definitions

Jackson Lewis P.C. on

Vermont Governor Phil Scott has signed legislation extending the protections of the state’s unpaid family leave law. The expansion extends safe leave, bereavement leave, and qualifying exigency leave to employees of employers...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Complying With the ADA When Managing Employees With Alcoholism

Employers sometimes encounter intoxicated employees at work, but there are some compliance challenges under the Americans with Disabilities Act (ADA) when managing employees with alcoholism....more

Maynard Nexsen

Sixth Circuit Expands FMLA Leave Rights to Siblings

Maynard Nexsen on

In Chapman v. Brentlinger Enterprises, the U.S. Court of Appeals for the Sixth Circuit (the “Sixth Circuit”) expanded the scope of family relationships covered under the Family and Medical Leave Act (“FMLA”), ruling that...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Tenth Circuit Clarifies When the Door for Individual Liability Under the FMLA Is Opened

On January 14, 2025, the U.S. Court of Appeals for the Tenth Circuit ruled in Walkingstick Dixon v. Oklahoma Regional University System Board of Regents that the Family and Medical Leave Act (FMLA) permits actions against...more

Proskauer - Law and the Workplace

DOL: Employers Cannot Mandate PTO Use with State/Local Paid Leave Benefits During FMLA

The U.S. Department of Labor Wage and Hour Division (“WHD”) has issued an opinion letter stating that employers cannot require employees to substitute accrued paid time off during a Family and Medical Leave Act (“FMLA”) leave...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Wildfires in Los Angeles: Key Considerations for Employers Navigating Disaster Response and Compliance

Wildfires continue to rage across the Los Angeles area, causing death, massive destruction of property, and forcing tens of thousands to flee their homes. President Biden has approved a “Major Disaster Declaration” for...more

Jackson Lewis P.C.

California Supreme Court Cases Employers Should Watch in 2025

Jackson Lewis P.C. on

The California Supreme Court issued several important decisions in 2024 about issues such as the application of PAGA to public employees and the definition of “hours worked.” Several cases are pending before the state’s high...more

Parker Poe Adams & Bernstein LLP

Sixth Circuit Expands FMLA to Include Care for Sibling When Employee Acts in Parental Role

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

Constangy, Brooks, Smith & Prophete, LLP

3 things that will make an employer's case go down to defeat

Mayday! Mayday! Lately I’ve written about some court decisions that were good for employers. (See here and here.) The reason the outcomes were good is that the employers did the right things before their cases even got to...more

Sheppard Mullin Richter & Hampton LLP

What a Headache: The Third Circuit Finds That a Plaintiff’s Migraines Were Not a Serious Health Condition Under the FMLA

On October 11, 2024, in the matter of Ephriam Rodriquez v. Southeastern Pennsylvania Transportation Authority (“SEPTA”), the Third Circuit Court of Appeals addressed the legal standards for establishing a “serious health...more

Holland & Hart - Employers' Lawyers

Work Absences for Fertility Treatments: Does FMLA Cover Them?

Question: We have an employee who is undergoing fertility treatments out of town and misses days sporadically. Do these absences fall under the Family and Medical Leave Act (FMLA)?...more

Stevens & Lee

Third Circuit’s Precedential Ruling Holds That Employers Are Not Obligated to Apply FMLA Entitlements Retroactively

Stevens & Lee on

On Oct. 11, 2024, the Third Circuit Court of Appeals filed a unanimous, precedential opinion affirming judgment as a matter of law in favor of Southeastern Pennsylvania Transportation Authority (SEPTA) in a Family and Medical...more

Constangy, Brooks, Smith & Prophete, LLP

FMLA leave: 5 things this employer (allegedly) did wrong

Don't be this employer. (Allegedly.) Not long ago, I posted about an employer who won summary judgment in an FMLA case and noted five things that the employer did right, which helped it win. Sad to say, a decision came out...more

Parker Poe Adams & Bernstein LLP

Restricting Remote Work Interfered With Employee's FMLA Rights

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

Constangy, Brooks, Smith & Prophete, LLP

FMLA abuse: 5 things this employer did right

How'd that happen? An employer who terminated an employee after he took intermittent FMLA leave for diabetes won its case, and recently won again on appeal. According to both courts, the employee appeared to be trying to...more

Holland & Hart - Employers' Lawyers

Tenth Circuit Court of Appeals Upholds Workplace Policies Against Secret Recordings

In recent years, the issue of secret recordings by employees has sparked considerable controversy. You may recall the recent incident involving an employee at CloudFlare, who filmed herself for nine minutes while questioning...more

Constangy, Brooks, Smith & Prophete, LLP

Reasonable accommodation and the ADA: Top 8 rules for employers

If you follow these, you should be in great shape. Reasonable accommodation under the Americans with Disabilities Act continues to flummox many employers. But it shouldn’t be that hard, at least not in most cases. Here are...more

Maynard Nexsen

Fourth Circuit Affirms Employers’ Right to Investigate and Take Action for Suspected FMLA Leave Misuse

Maynard Nexsen on

In Shipton v. Baltimore Gas and Electric Company, the Fourth Circuit Court of Appeals affirmed the district court’s summary judgment rulings to dismiss the plaintiff’s Family and Medical Leave Act (FMLA) interference and...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Expands Employer Protections Against Suspected FMLA Misuse

While the Family and Medical Leave Act (FMLA) is designed to protect employees who suffer from a qualifying "serious health condition that makes the employee unable to perform the functions of" their job, its administration...more

Spilman Thomas & Battle, PLLC

FMLA Doesn’t Allow an Employee to Nap on the Job – Does It?!

The Family and Medical Leave Act (FMLA) – a federal law that provides 12 weeks of unpaid leave to employees for their own serious health condition or a family member’s serious health condition – can present tricky situations...more

Poyner Spruill LLP

Eleventh Circuit Limits Scope of Parental Leave for Birth of Child Under FMLA

Poyner Spruill LLP on

The Family and Medical Leave Act provides leave and job protection to eligible employees who need to be absent from work “because of the birth of a son or daughter of the employee and in order to care for such son or...more

Miller Canfield

Department of Labor Issues Field Assistance Bulletin on Use of AI in the Workplace

Miller Canfield on

The United States Department of Labor (“DOL”), Wage and Hour Division recently issued a Field Assistance Bulletin on Artificial Intelligence and Automated Systems in the Workplace under the Fair Labor Standards Act and Other...more

Proskauer - Law and the Workplace

Second Circuit Ruling Could “Impact” Discrimination Claims Brought by Remote Workers under NYS Human Rights Law

In King v. Aramark Services, Inc., No. 22-1237 (March 20, 2024), a Second Circuit panel affirmed the dismissal of claims under the New York State Human Rights Law (“NYSHRL”), concluding that under New York’s “impact test,”...more

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