Statute
Family and Medical Leave Act
1,443 published works
Ohio Employer Law Blog
No-fault attendance policies offer no cover when the ADA or FMLA are involved
An employee suffering from epilepsy, migraines, and heart condition asks (with a medical note) for two unpaid days off from work unpaid to treat symptoms related to her disabilities. Instead…
Employment Law Worldview
DOL’s September Opinion Letters Address CBA and FMLA Conflicts and Retail and Service Overtime Exemption (US)
The United States Department of Labor’s (“DOL”) Wage and Hour Division issued two opinion letters on September 10, 2019, addressing certain aspects of the federal Family and Medical Leave Act…
Ohio Employer Law Blog
Employee fired for stacking his intermittent FMLA leave with vacation days loses retaliation claim
Kevin LaBelle, a lab technician for Cleveland Cliffs, took occasional days off from work for approved intermittent FMLA leave for flare-ups related to a shoulder injury. His employer noticed that…
Ohio Employer Law Blog
Employee fired for stacking his intermittent FMLA leave with vacation days loses retaliation claim
Kevin LaBelle, a lab technician for Cleveland Cliffs, took occasional days off from work for approved intermittent FMLA leave for flare-ups related to a shoulder injury. His employer noticed that…
FMLA Insights
DOL Doubles-Down: Employees Cannot Decline FMLA Leave, Even if a Collective Bargaining Agreement States Otherwise
By Jeff Nowak
Earlier this year, the Department of Labor made clear in an opinion letter that neither an employee nor an employer may decline FMLA leave where an eligible employee is absent for an…
Disability, Leave & Health Management Blog
New DOL Opinion Letter – No Delaying Designating FMLA Leave, Even When A Collective Bargaining Agreement Provides Otherwise
On September 10, 2019, the Department of Labor issued an FMLA opinion letter stating that an employer may not delay designating paid leave as FMLA leave if the delay complies…
Ohio Employer Law Blog
It’s hard to win a lawsuit when you admit you don’t have a case
James Scott’s employer fired him for accumulating 10 points under its no-fault attendance policy. He claimed FMLA retaliation, alleging that his employer unlawfully assessed some of his points while he…
Ohio Employer Law Blog
It’s hard to win a lawsuit when you admit you don’t have a case
James Scott’s employer fired him for accumulating 10 points under its no-fault attendance policy. He claimed FMLA retaliation, alleging that his employer unlawfully assessed some of his points while he…
SC Employers’ Blog
FMLA Covers Parental Attendance at IEP Meetings
As students return to school, employers should be mindful of a new U.S. Department of Labor opinion letter impacting when a parent may use qualifying intermittent FMLA leave. On August…
Ohio Employer Law Blog
No, your FMLA does not grant you license to threaten your coworkers
After being harassed by co-workers, Paul Ellis took to Facebook to air his grievances publicly. Among his comments was one that could be perceived as a threat violence: “he’s gonna…