News & Analysis as of

Family and Medical Leave Act (FMLA) Employment Litigation Employee Rights

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

Lessons From the Seventh Circuit on Relying on FMLA Certifications and Requiring the Use of Paid Leave

A recent May 2025 opinion from the U.S. Court of Appeals for the Seventh Circuit warns employers that they may not be able to rely strictly on a health care provider’s certification under the Family and Medical Leave Act...more

Pullman & Comley - Labor, Employment and...

ICYMI: Federal Court Clarifies Employee Rights to Workplace Accommodation under the ADA

Take note, employers: if your decision to accommodate a qualified employee with a disability is solely based on necessity, you may be inviting unnecessary legal exposure. ...more

Rumberger | Kirk

5 Tips for HR Directors to Avoid Expensive Company Lawsuits

Rumberger | Kirk on

As the first point of contact for employee claims, HR directors often find themselves with the challenging task of assessing sensitive situations. This, coupled with ensuring both the company’s policies are followed, and...more

Offit Kurman

Adjusting Job Descriptions for Business Needs – What You Need to Know

Offit Kurman on

Changing an employee's job description during business restructuring can be tricky, especially when balancing business needs with legal requirements. Can human resource managers change an employee’s job description to align...more

Constangy, Brooks, Smith & Prophete, LLP

FMLA brain teaser!

Try wrapping your head around this one. All of you experts on the Family and Medical Leave Act, gather 'round! The following is from a real lawsuit that was filed Wednesday in federal court in Indianapolis. The plaintiff...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

Poyner Spruill LLP

Third Circuit Holds Employee Not Protected by ADA Due to Incapacity to Work

Poyner Spruill LLP on

Is an employee on an extended leave of absence due to a long-term medical condition protected from employment termination by the Americans with Disabilities Act (ADA)? The answer depends on multiple factors, including whether...more

Parker Poe Adams & Bernstein LLP

Supreme Court Declines to Resolve Circuit Split Over Discouraging Use of FMLA Leave

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

Fisher Phillips

COVID-19 Sick Leave Litigation Disproportionately Impacts Healthcare Employers: How to Avoid Becoming Another Statistic

Fisher Phillips on

As the weather warms amid the dawning of a new chapter in our country, national vaccine distribution is underway (albeit admittedly haphazard) and the light at the end of the tunnel shines brighter in 2021. As the virus...more

Seyfarth Shaw LLP

Majority of Federal Courts Now Agree on Standard for Willful Violations of FMLA

Seyfarth Shaw LLP on

Seyfarth Synopsis: The U.S. Court of Appeals for the Ninth Circuit recently became the seventh federal appellate court to hold that the standard for “willful” violations under the Family and Medical Leave Act is whether the...more

Jaburg Wilk

Olson v. U.S. 9th Circuit Applies FLSA Definition of Willfulness to FMLA Case.

Jaburg Wilk on

In Olson v. U.S., the Ninth Circuit upheld a district court’s ruling that found an employer’s failure to alert an employee of her FMLA rights was not willful. Let’s talk about the case and what it means for employers. ...more

Fisher Phillips

December 2020: The Top 18 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...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

Fisher Phillips

Web Exclusive: June 2019: The Top 16 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

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

Untangling Complex Leave Issues – Part I

In the first episode of this two-part series, John Stretton and Rachel Mandel discuss the complexities surrounding the Family and Medical Leave Act and the Americans with Disabilities Act, including the interplay between the...more

Akerman LLP - HR Defense

Must An Employer Grant a Request for Indefinite Leave?

What do you do when an employee wants leave for a medical condition, but has already exhausted or is not eligible for leave under the Family and Medical Leave Act? Tread carefully....more

Bricker Graydon LLP

Equal treatment for dads: EEOC settles first of its kind parental leave case

Bricker Graydon LLP on

The Equal Employment Opportunity Commission (EEOC) has reached a settlement agreement in the agency’s first lawsuit challenging parental leave policies that grant more rights to new mothers than new fathers....more

Franczek P.C.

Next Time You Want to Conduct FMLA Surveillance, Be Sure to Have a Good Reason Why

Franczek P.C. on

Porn and the FMLA. This has all the makings of one big, fat men’s soap opera. Johnnie Walker was a longtime police officer with the Pocatello Police Department, and he was tasked with investigating Scott and several other...more

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