Statute
Family and Medical Leave Act
1,442 published works
FMLA Insights
Join Me for a Free Webinar: Remote Control? Managing Remote Work Requests in a Changed Workforce
By Jeff Nowak
Join me for my annual FMLA/ADA webinar, which comes to you, as always, free of charge. This year, due to overwhelming demand, we're covering remote work as an ADA accommodation.…
Labor & Employment Insights
Discouraging Discouragement: In Kemp v. Regeneron Pharmaceuticals, the 2nd Circuit Finds FMLA Violation Without Outright Denial of Benefits
By J. William Manuel, Anne R. Yuengert
Most employers have gotten the hang of handling FMLA requests: Make sure the employee is eligible; get paperwork from the provider; and monitor the amount of time taken. Whether all supervisors are overjoyed…
Labor & Employment Law Blog
What a Headache: The Third Circuit Finds That a Plaintiff’s Migraines Were Not a Serious Health Condition Under the FMLA
By Tomas Pradia
On October 11, 2024, in the matter of Ephriam Rodriquez v. Southeastern Pennsylvania Transportation Authority (“SEPTA”), the Third Circuit Court of Appeals addressed the legal standards for establishing a “serious…
Ohio Employer Law Blog
One headache of an FMLA case
SEPTA fired Ephriam Rodriquez from his job as a bus driver for excessive absences. Rodriguez sued, claiming that the termination violated his rights under the FMLA because a migraine headache…
Tucker Arensberg Blog
Can an employee be eligible for medical leave even if FMLA and PTO leave isn’t available?
Jeremy Farrell, Esq., jfarrell@tuckerlaw.com, (412) 594-3938 When employers think of “medical leave,” most minds understandably jump to the Family Medical Leave Act (FMLA) or time off that employees may be entitled…
Employment Class Actions: A General Counsel Briefing
The EEOC Continues to Challenge Leave Policies as Discriminatory
The U.S. Equal Employment Opportunity Commission (EEOC) continues its focus on challenging employment leave policies as discriminatory under the Americans with Disabilities Act (ADA). The “Voluntary Resignation” Policy On September…
Hall Benefits Law Blog
Fourth Circuit Affirms Dismissal of FMLA Retaliation Suit Based on Credibility Concerns
By Anne Hall
A three-judge panel of the U.S. Court of Appeals for the Fourth Circuit affirmed the summary judgment dismissal of a former worker’s FMLA retaliation and interference case in favor of…
Hall Benefits Law Blog
Jury Must Decide Factual Disputes in FMLA Violation Case
By Anne Hall
The U.S. Court of Appeals for the Sixth Circuit recently ruled that whether an employee failed to follow her employer’s procedures for requesting leave was due to “unusual circumstances” was…
FMLA Insights
When an Employee Abruptly Requests FMLA Leave after Being Given a Sucky Work Assignment, Can He Safely Be Terminated?
By Jeff Nowak
Meet Ray. Ray is to the FMLA as Patrick Mahomes is to football. Ray is an FMLA pro, having taken FMLA leave a total of 158 times over three years.…
Hall Benefits Law Blog
Eleventh Circuit Affirms Summary Judgment in Favor of Radiology Practice in FMLA Suit
By Anne Hall
The U.S. Court of Appeals for the Eleventh Circuit affirmed the lower Court’s grant of summary of judgment in favor of a radiology practice in a lawsuit brought by a…