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Family and Medical Leave Act
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San Antonio Employment Law Blog
Fifth Circuit Reverses Summary Judgment
The Fifth Circuit reversed summary judgment in another case recently. In Caldwell v. KHOU-TV Company, Inc., No. 16-20408 (5th Cir. 3/6/2017), the court addressed ADA and FMLA issues. Gerald Caldwell…
Employment Law Matters
FMLA is not a tool an employee can use to delay or avoid a termination.
The Family and Medical Leave Act (FMLA) makes it unlawful for an employer to “interfere with, restrain, or deny the exercise of or the attempt to exercise” an individual’s rights…
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 seventh in a monthly series highlighting some of…
Labor & Employment Insights
A Diamond in the Rough (Part 2): What the Eleventh Circuit Said about FMLA Retaliation Claims
My last post talked about Diamond v. Hospice of Florida Keys and what the Eleventh Circuit said about FMLA interference claims. As promised, this post will look at the Diamond…
FMLA Insights
Can an Employee take FMLA Leave to Care For a Sibling? Before You Say “No,” Read This
By Jeff Nowak
[caption id="attachment_2893" align="alignright" width="300"] My siblings, Kevin and Laura, and me. Aren't they just adorable?[/caption] I love my brother dearly. I love my sister just as much. And whenever we…
Labor & Employment Insights
A Diamond in the Rough (Part 1): FMLA Intermittent Leave and Interference Claims Per the Eleventh Circuit
Managing intermittent FMLA is every employer’s nightmare (or is it just me?). Employees are entitled to take leave and operations folks find it difficult to keep the trains running on…
Disability, Leave & Health Management Blog
Are You Coming In Today? An FMLA Intermittent Leave Toolkit
Intermittent leave continues to present some of the most exasperating FMLA issues. In March, the San Diego-based Disability Management Employer Coalition (DMEC) issued a white paper showing the findings…
Labor Days
Leave as a Reasonable Accommodation under the ADA
In May 2016, the Equal Employment Opportunity Commission (“EEOC”) published “Employer-Provided Leave and the Americans with Disabilities Act” The EEOC published the guidance as it observed a “troubling trend:” employment…
California Workplace Law Blog
10 Strategies for Limiting FMLA/CFRA Abuse
The federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) provides for overlapping, as well as separate leaves of absences. The administration of these leaves…
Litigators at Work
Third Circuit: No Direct Evidence Needed for Mixed-Motive Jury Instruction in FMLA Retaliation Cases
By Vincent E. Polsinelli, Christopher J. Stevens
A former employee alleges that he was terminated because he exercised his right to take intermittent leave under the Family and Medical Leave Act. His former employer asserts that his…