Statute
Family and Medical Leave Act
1,443 published works
Employment & Labor
Second Circuit Adopts “Motivating Factor” Causation Standard for FMLA Retaliation Claims
By Nathaniel M. Glasser, Maxine Adams
The U.S. Court of Appeals for the Second Circuit recently clarified that the “motivating factor” standard of causation applies to Family and Medical Leave Act (FMLA) retaliation claims, instead of…
FMLA Insights
FMLA FAQ: Can a Chiropractor Certify FMLA Leave for the Chronic Bad Back? And Are There Limits?
By Jeff Nowak
Backs across America must collectively be giving out, as my clients' questions about medical certification from chiropractors are on the increase. So, I'll hit this one head on: Is a…
Disability, Leave & Health Management Blog
FMLA Leave Does Not Shield An Employee From Disciplinary Action Unrelated To The Leave
The Court of Appeals of North Carolina recently held that an employer didn’t interfere with an employee’s rights under the Family Medical Leave Act (“FMLA”) or retaliate against her by…
Disability, Leave & Health Management Blog
What Am I Doing Wrong?? Common FMLA Mistakes
By Sheri L. Giger, Jackson Lewis P.C.
“What did I do wrong?” and “Am I doing this correctly?” are frequent questions from clients regarding FMLA administration. This is the ninth in a monthly series highlighting some of…
Hiring To Firing Law Blog
New York Paid Family Leave Benefits Law: Key Provisions and Tips for Preparation
Q: What do I need to know about the new New York Paid Family Leave Benefits Law? A: The New York Paid Family Leave Benefits Law (“NY PFL”) provides employees…
San Antonio Employment Law Blog
Fifth Circuit Rejects Plaintiff’s Testimony
A critical issue for many persons who suffer any illness is recovery and treatment. That comes as no surprise. Yet, it seems to surprise many courts. The issue often arises…
FMLA Insights
DOL Will Again Issue Opinion Letters on FMLA, FLSA, and Other Sticky Employment Law Scenarios
By Jeff Nowak
The U.S. Department of Labor announced today that it will again issue opinion letters to assist employers and employees in interpreting laws like the FMLA and Fair Labor Standards Act. The…
FMLA Insights
There’s No Crying at Work! But if an Employee Does Cry, Is That Sufficient Notice of the Need for FMLA Leave?
By Jeff Nowak
Reports of my capture by a Sri Lankan sloth bear in the dry forests of Sri Lanka are greatly exaggerated. I am alive and well. Sorry for the long delay since my…
Disability, Leave & Health Management Blog
“You Can’t Fire Me, I Just Came Back From FMLA Leave.”
Contrary to apparent popular belief, employees who have recently taken leave under the Family and Medical Leave Act (“FMLA”) can be terminated for legitimate reasons unrelated to their FMLA leave. …
Employment & Labor
Employee Laid Off Six Weeks After Taking Medical Leave Fails to Show Reassignment to “Sham Position”; FMLA Claims Dismissed
By Nathaniel M. Glasser, Sean P. Winker
What obligations does an employer have to an employee returning from leave under the Family and Medical Leave Act (FMLA)? What must the employer do if it was forced to…