News & Analysis as of

Family and Medical Leave Act (FMLA) Employee Benefits 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

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

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

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

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

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

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

Epstein Becker & Green

Abortion-Related Time Off After Dobbs: How the FMLA and Other Laws Might Apply

Epstein Becker & Green on

The U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, overturning Roe v. Wade and Casey v. Planned Parenthood and leaving the legality of abortion up to each state, inevitably will increase the...more

Poyner Spruill LLP

Employer Avoids “Cat’s Paw” Liability in FMLA Retaliation Case Through Independent Review

Poyner Spruill LLP on

The Family and Medical Leave Act (FMLA) prohibits employers from retaliating against employees for taking FMLA leave. In the case of Parker v. United Airlines, Inc., which recently reached the United States Court of Appeals...more

Fisher Phillips

An Employer’s Guide to Workplace Protections for Abortion-Related Decisions

Fisher Phillips on

Employers likely have questions about abortion-related employment protections and healthcare benefits after Friday’s SCOTUS controversial decision that overturned Roe v. Wade. Given the ruling, people in states with strict...more

Littler

Coronavirus: Employer Action Items

Littler on

Employers are struggling to determine how to respond to the 2019 novel coronavirus (2019-nCoV) outbreak, which, while originating in China, has swiftly turned into a perceived international crisis, upending financial markets,...more

Jackson Lewis P.C.

What Am I Doing Wrong?? Common FMLA Mistakes

Jackson Lewis P.C. on

“What did I do wrong?” and “Am I doing this correctly?” are frequent questions from clients regarding FMLA administration. This is the 26th blog in in this series, which digs into the FMLA regulations and related issues to...more

Jackson Walker

Is There Anything Improper About Taking a Vacation During FMLA Leave?

Jackson Walker on

While posting vacation photos on Facebook during a leave under the Family and Medical Leave Act (FMLA) is probably not a stellar idea, the question of whether an employee can take a vacation during FMLA leave may not be so...more

Parker Poe Adams & Bernstein LLP

Perfect Attendance Benefits Interfered With FMLA Rights

Under the Family and Medical Leave Act, employers cannot penalize employees for use of FMLA leave. Earlier this month, the Sixth Circuit Court of Appeals found that an employer’s resetting of a perfect attendance program...more

Conn Kavanaugh

Groups Request Extension of Deadline to Begin Collecting Paid Family and Medical Leave Contributions and Propose Amendments to Law

Conn Kavanaugh on

On May 20, nine advocacy groups submitted a letter to state leaders requesting a three-month extension of the July 1 deadline to begin collecting contributions under the Paid Family Medical Leave Act, G. L. c. 175M (“Act”),...more

Baker Donelson

Watch Out Employees: Comply with Policies or Lose FMLA Rights

Baker Donelson on

Did we hear that correctly? Employees need to follow Company policies? In a victory for employers, a federal court said that an employer had the right to terminate an employee who failed to follow the Company’s leave policy...more

Franczek P.C.

Unreported Working Lunches May Still Be Work Time

Franczek P.C. on

Back in December, we wrote about a case involving the Chicago Police Department, in which officers alleged that they were owed additional overtime for time spent responding to calls and messages on their Blackberry devices,...more

Franczek P.C.

Note to Self: Posting My Beach Vacation Photos on Facebook During FMLA Leave is Not a Good Idea

Franczek P.C. on

I always love a good social media FMLA smack down. It’s even better when the employer handles the situation in textbook fashion. Today’s installment offers both, while also providing a road map for employers when...more

Littler

DC Bill Would Provide Most Generous Paid Leave Benefits in the Nation

Littler on

On October 6, 2015, the District of Columbia Council introduced legislation that would establish a universal paid leave system for all DC residents and workers who are employed in DC but live elsewhere. The Universal Paid...more

NAVEX

Same-Sex Marriage Rulings May Pose Some Challenges for Employers

NAVEX on

Over the past two years, there has been a sea change in the treatment of same-sex spouses under both federal and state law. Now that federal law, and the laws in 35 states and Washington, D.C., recognize marriage equality for...more

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