Statute
Family and Medical Leave Act
1,443 published works
Understanding the ADA
How might you know when more leave is a reasonable accommodation once FMLA leave has been used up?
There are several laws out there that intersect with the Americans with Disabilities Act. One of them is the Family and Medical Leave Act (FMLA). That law intersects with the…
BeLabor the Point
Second Circuit Ruling on FMLA Eligibility Reminds Employers to Keep Accurate Time Records
In Donnelly v. Greenburgh Central School District No. 7, the Court of Appeals for the Second Circuit recently highlighted the importance of keeping accurate time records for employees to determine…
Employment & Labor
Is Leave Required As An Accommodation If It Is Unclear If The Employee Will Be Able To Perform The Job In The Near Future?
By: Lizbeth V. West, Esq. Robert v. Board of County Commissioners of Brown County, Kansas, et. al. (10th Cir. Aug. 29, 2012) No. 11-3902 The job description for Robert’s job…
FMLA Insights
Please Nominate FMLA Insights for the ABA Blawg 100
By Jeff Nowak
Dear fellow FMLA nerds: Last year, our blog was named to the ABA Journal's 100 best legal blogs of 2011. Voting is now open for the best legal blogs of 2012,…
Iowa Employment Law Blog
Court Applies “Cat’s Paw” Theory to Liquidated Damages under FMLA
Under the FMLA, liquidated damages are a form of “extra” damage a court may award over and above other damages an employee is awarded. The employer can avoid liquidated damages, however, if…
Minnesota Employer
Intermittent FMLA Leave
While employees often take leave under the Family and Medical Leave Act (FMLA) in continuous blocks of time, some employees may be eligible for intermittent or reduced schedule leave under the…
Disability, Leave & Health Management Blog
Private Investigator’s Report Supports “Honest Suspicion” of FMLA Misuse
An employer had an ”honest suspicion” that an employee was not using FMLA for its intended purpose based in part on the report of a private investigator, according to the…
Disability, Leave & Health Management Blog
Are Weeks “Off” in a Rotational Schedule Counted in Calculating FMLA Leave?
When an employee works a “rotational” schedule—typically weeks “on” followed by weeks “off”—do the “off” weeks count when calculating FMLA leave? An Oklahoma federal court held that an employer did…
Benefit Notes
No Good Deed Goes Unpunished
By Stinson LLP
A recent Sixth Circuit Court of Appeals case considered a situation that we have seen in our practice: An employee gets sick, goes out on FMLA leave, and then is placed…
Employment Law Matters
FMLA does not prohibit termination of employee who abuses leave.
The FMLA permits eligible employees to take up to 12 workweeks of leave during a 12-month period if a “serious health condition . . . makes the employee unable to…