Statute
Family and Medical Leave Act
1,442 published works
Employer Law Report
Employers: When it Comes to the FMLA, Leave Common Sense Behind
In a recent case, the Sixth Circuit Court of Appeals held that an employer is not necessarily entitled to rely on a "negative certification" submitted by an employee's healthcare provider…
San Antonio Employment Law Blog
Paid Maternity Leave is Common Everywhere But….
Paid maternity leave is virtually nonexistent in the US. Even unpaid leave is not a given. Since, the Family Medical Leave Act only applies to employers with 50 or more…
FMLA Insights
6th Circuit: Employee Can Proceed With FMLA Claim Despite “Negative Certification”
By Jeff Nowak
When an employee remains absent even after her doctor provides a medical certification confirming that she can return to work, it might seem reasonable for an employer to deny the…
Southwest Florida Business and IP Blog
When Can an Employer Ask for a Second Opinion for FMLA Leave?
Recently we were asked when an employer may seek a second opinion to verify an employee's serious health condition for purposes of Family Medical Leave Act ("FMLA") leave. The folks at the FMLA…
California Employment Law Update
Termination Of Disabled Employee Did Not Violate FEHA
By Tony Oncidi
Milan v. City of Holtville, 186 Cal. App. 4th 1028 (2010) Tanya Milan, who worked as a water treatment operator for the City of Holtville, was injured on the job…
Alabama Employment Law Report
Son and Daughter under the FMLA and More strange stories
"Son" and "daughter" under the FMLA The DOL recently gave a broad definition to "sons and daughters" under the FMLA. The DOL subtitles the announcement by saying "Interpretation is a…
Employment Law Matters
Impaired employee may be excused from heightened reporting requirement for FMLA leave.
The 5th U.S. Circuit Court of Appeal has held that an impaired individual may not be required to comply directly with her employer’s heightened reporting requirements associated with FMLA leave.…
Alabama Employment Law Report
ADA claims hit all time high
In February, 2009, I wrote that "I anticipate the courts, especially the District Courts, will be busy in 2009 and 2010. They will be busy looking at the ADAAA, the…
Disability, Leave & Health Management Blog
EEOC Continues Its Attack on “Inflexible” Leave Policies
The EEOC’s challenge to “inflexible” leave policies continued this week, as the agency announced that it had sued Princeton HealthCare System for failing to reasonably accommodate employees who needed…
Texas Employment Law Update
Court Rules Employee Does Not Necessarily Need to Comply with Employer’s Heightened FMLA Notice Procedure
The exercise of sound judgment and the uniform, mechanical application of employment policies are not always synonymous. Every FMLA-covered employer in Texas, Mississippi and Louisiana should be interested in the Fifth…