Statute
Family and Medical Leave Act
1,443 published works
FMLA Insights
U.S. Supreme Court Rules That State Employees Cannot Sue under “Self-Care” Provisions of the FMLA
By Jeff Nowak
That pesky State of Maryland! (Not that I hold grudges all these years after your Maryland Terapins beat my Indiana Hoosiers for the 2002 NCAA basketball championship!) With a little…
Constitutional Law Prof Blog
Supreme Court in Coleman: The 11th Amendment Bars Suit Against State for FMLA Violation
By ConLawProf initials at end of post
The Supreme Court's divided opinion in Coleman v. Court of Appeals of Maryland, issued today, resuscitates the convoluted doctrine that resides at the intersection of the Eleventh Amendment and the Fourteenth…
Labor & Employment Report
Supreme Court Decides FMLA Case
BREAKING NEWS: The Supreme Court handed down a FMLA decision with Maryland roots today, Coleman v. Court of Appeals of Maryland. The Court found that the Family Medical Leave Act…
Labor Law Prof Blog
States Immune from Suit for FMLA Violations Related to Self-Care
The Supreme Court issued it's opinion in Coleman v. Md. Ct. App. today, holding that Congress lacked the power to abrogate state immunity from suits for damages for violations of…
Labor & Employment Report
Intermittent FMLA Leave Abuse: Managing the Unmanageable (Part 1)
By Fiona W. Ong
A common problem for employers is addressing abuse of unscheduled intermittent FMLA leave. It is all too easy for an employee to obtain a medical certification from a health care…
Employment Law
Supervisors can be held Individually Liable Under the Family and Medical Leave Act
In a case of first impression, the United States Court of Appeals for the Third Circuit has confirmed that supervisors of both private and public sector employers can be held…
Hiring To Firing Law Blog
Can You Force Your Sick Employees to Stay Home?
By Troutman Pepper Locke's Labor + Employment Group
Who in HR can say they have not been tempted to “spy” on an employee on Family and Medical Leave Act (“FMLA”) leave to make sure that they are not…
Sixth Circuit Appellate Blog
Circuit Split in Imposing Individual Liability under FMLA Against Supervisors At Public Agencies
The Third Circuit recently sided with the Fifth and Eighth Circuits in holding that the Family and Medical Leave Act ("FMLA"), 29 U.S.C.§ 2601 et seq., permits individual liability against…
FMLA Insights
Illinois Civil Union Partners Soon May Enjoy Greater Leave Rights Than Married Couples Under a Newly Proposed Illinois Family Medical Leave Act
By Jeff Nowak
Illinois currently has no equivalent of the federal Family and Medical Leave Act. Soon, it may. And unlike the FMLA, the proposed Illinois leave law would allow civil union partners…
Wage & Hour Insights
Do I Have To Pay An Exempt Employee Who Answers E-Mail Or Phone Calls While On FMLA Leave? [Wage & Hour FAQ]
By Bill Pokorny
Q. A salaried, exempt employee who recently returned from a week of unpaid FMLA leave claims that he is entitled to be paid his full salary for entire week because…