“What did I do wrong?” and “Am I doing this correctly” are frequent questions from clients regarding FMLA administration. This is the 21st blog in this series, which digs into the FMLA regulations to address discrete mis-steps that can result in legal liability. Dictating the documentation an employee provides to establish a family relationship. It is common knowledge that employees can take FMLA leave due to a serious health condition of an immediate family member,…

The District Court for the Eastern District of Louisiana dismissed an employee’s disability discrimination claims based on a broad release in her workers’ compensation settlement agreement with the employer. Peddy v. Aaron’s, Inc. Case No. 02:18-cv-1625 (E.D. La. Feb. 21, 2019). The Court also ruled in favor of the employer on its counterclaim for breach of the settlement agreement, and determined the employer was entitled to its attorneys’ fees and costs to defend the lawsuit.…

If you’re like most folks, you’ve been wondering “when am I going to see a story mentioning both flesh eating bacteria and reasonable accommodation.” Wonder no more. Gary Brunckhorst worked for the City of Oak Park Heights Minnesota for more than fifteen years. In April 2014, he was serving as the Senior Accountant/Payroll Technician (Senior Accountant), a position that paid $72,000 per year and required him to perform payroll and information technology (IT) functions. Because…

In 2019, we are poised to learn where the Fourth Circuit stands on reassignment as an accommodation—an issue that has split the Circuits. Before discussing where courts are divided, let’s start with the consensus.  First, the Americans with Disabilities Act (“ADA”) clearly requires employers to make reasonable accommodations to the limitations of an employee with a disability unless an employer can show that the accommodation would impose an undue hardship.  The statutory text of the…

On February 7, 2019, the Village of Glenview, Illinois, voted to opt back in to the Cook County Earned Sick Leave Ordinance, effective July 1, 2019. In doing so, Glenview joins the growing list of suburban municipalities to reconsider their previous opt-outs, including Wilmette, Northbrook, and Western Springs. (Of note, Glenview also voted to opt back in to the Cook County Minimum Wage Ordinance.) Glenview’s decision followed on the heels of a non-binding advisory referendum…

An employee seeking the protection of FMLA leave must give adequate and timely notice of the need for leave.  In situations where the leave is due to a qualifying reason for which the employer previously provided the employee FMLA leave, the employee must specifically reference either the qualifying reason for leave or the need for FMLA leave. In Holladay v. Rockwell Collins, Inc., (S.D. Iowa, Jan. 24, 2019) the company approved Ms. Holladay for…

School children are back at school following winter break, and that may mean employee requests for time off for parent-teacher conferences, school assemblies, and more.  While less known, California law has a collection of statutes affording parents protected time off. One of those protections is California Labor Code section 230.8, which provides parents, and other parental figures, with protected time off to attend to child related activities.   Planned and Foreseeable Absences Under California Labor…