Statute
Family and Medical Leave Act
1,443 published works
Gender and the Law Prof Blog
Are Men Entitled to Equal Paid Paternity Leave?
By Tracy Thomas
Fathers Denied Paid Parental Leave by JP Morgan Chase File Sex Discrimination Complaint with EEOCThe American Civil Liberties Union, the ACLU of Ohio and the employment law firm Outten &…
San Antonio Employment Law Blog
Requests for Accommodation Under FMLA and ADA
A request for accommodation need not mention any specific words, so long as the request puts the employer on notice that an accommodation is needed. Indeed, if an impairment is…
Disability, Leave & Health Management Blog
Is Crying at Work Sufficient Notice of an FMLA Covered Condition?
It is well established that an employee need not specifically request leave under the Family and Medical Leave Act (“FMLA”) in order to benefit from the Act’s protections. Rather, the…
Employment & Labor
Employers Face Increased Risk Of FMLA Class Actions As Court Holds That FMLA Claims Are Appropriate For Class Certification Under Rule 23
By Gerald L. Maatman, Jr. and Thomas E. Ahlering Seyfarth Synopsis: A recent decision has added to the chorus of courts recognizing that FMLA class actions must be pursued under…
Employment & Labor
Are Facebook Vacation Photos Taken During Medical Leave Grounds for Employee’s Termination?
By Nathaniel M. Glasser, Jonathan K. Hoerner
An employee on an extended medical leave to recuperate from shoulder surgery posts pictures of his active Caribbean vacation. His employer is justified in terminating him, right? Maybe not. On…
Labor & Employment Report
FMLA Is Not A “Get Out Of Jail Free” Card!
By Fiona W. Ong
I know that many employers feel hamstrung by the Family and Medical Leave Act's statutory protections for employees. They can't do much about the significant negative effects on business operations…
Employment & Labor
Sixth Circuit Adopts “Cat’s Paw” Theory for FMLA Retaliation Cases
On April 20, 2017, in Marshall v. The Rawlings Company LLC, No. 16-5614, slip op., (6th Cir. April 20, 2017) the Sixth Circuit Court of Appeals, which covers federal courts…
Disability, Leave & Health Management Blog
What Should I Tell Employees on Leave About Their FMLA Usage? Everything!
When it comes to FMLA leave administration, “don’t sweat the details” is rarely a wise axiom. Details matter. A lot. A recent decision by an Illinois federal court reinforces that…
Hunton Employment & Labor Perspectives
D.C. Court Rejects Judicial Estoppel Defense for Alleged Failure of Plaintiff to Schedule Employment Discrimination Claims in Bankruptcy Case
The U.S. District Court for the District of Columbia recently denied a motion to dismiss filed by Bravo! Facility Services, Inc. against a former employee who brought claims under the…
Sixth Circuit Appellate Blog
Split Panel of the Sixth Circuit Holds that Cat’s Paw Theory Applies to FMLA Retaliation Claims
Last week in Marshall v. Rawlings, a split panel of the Sixth Circuit held that the cat’s paw theory of liability applies to FMLA retaliation claims. In Marshall, an employee…