Statute
Family and Medical Leave Act
1,443 published works
Employer Law Report
‘Tis the Season For Holiday Workplace Issues – Download our Holiday eBook with FMLA Stocking Stuffer – “Three FMLA Holiday Stocking Stuffers: How to Avoid a Big Lump of Coal”
We hope you enjoyed our five-part series last week addressing the Top 5 Holiday Headaches for Employers. Due to popular demand, we have compiled this series into an eBook for…
Disability, Leave & Health Management Blog
NLRB Says Employer Must Give Union Leave Data
Determining when to terminate an employee on a leave of absence for medical reasons is a challenge under any circumstances. No “inflexible” rules can be applied, not even “equal treatment.”…
FMLA Insights
FMLA Leave for Same-Sex Couples to be Clarified by Supreme Court’s DOMA Decision?
By Jeff Nowak
This past Friday, the United States Supreme Court announced that it would consider whether the Defense of Marriage Act (DOMA) unlawfully denies benefits to gay and lesbian couples who are…
Employment Discrimination Report
What Happens in Las Vegas . . . Justifies FMLA Leave?
A recent decision from the Northern District of Illinois greatly expands when an employer may have to grant Family and Medical Leave ("FMLA") for an employer to care for a…
Employment Law Matters
Temporal proximity between FMLA leave and firing does not always lead to successful legal claim.
The Family and Medical Leave Act (FMLA) continues to create administrative challenges for employers. One particular issue of concern is the discipline and or termination of an employee who has…
Alabama Employment Law Report
Jefferson County Department of Health A State Entity, Immune From Damages Claim Under FMLA
In Ross v. Jefferson County Department of Health, 2012 WL 5519095 (11th Cir. Nov.2012) Ross, a former dental assistant with the Jefferson County Health Department (the “health department”) filed a complaint…
FMLA Insights
What!?! Time Caring for Mom in Las Vegas is FMLA Leave
By Jeff Nowak
The FMLA just got a whole lot broader. In what might be one of the key FMLA decisions of the year, a federal judge has upheld an employee's right to…
Employer Law Report
Anything You Post or Are Tagged in on Facebook Will Be Used Against You: The Sixth Circuit Upholds Honest Belief Defense to Employee’s FMLA Retaliation Claim Who Went on a Pub Crawl While on Leave, But Skirts Issue As Applied to FMLA Interference Claims
Jaszczyszyn v. Advantage Health Physician Network, (6th Cir. Nov 7, 2012) involves three seemingly-unrelated topics: social media, Polish festivals, and the honest belief defense to FMLA claims. When combined, however,…
Employment & Labor
Facebook Pictures Enough for the Sixth Circuit to Uphold the Employer’s “Honest Belief” Defense (Sara Jaszczyszyn v. Advantage Health Physician Network)
By: Chelcey E. Lieber Let’s say an employee was “completely incapacitated” and needs to take leave due to a back injury. The employee is granted leave, but then terminated while…
Minnesota Employer
Intermittent FMLA Presentation on December 4, 2012
On Tuesday, December 4, 2012, I will present “Intermittent FMLA Leave: The Terrible, Horrible, No Good, Very Bad, Absolutely Worst Provision of the FMLA.” Intermittent leave under the Family and Medical Leave…