Statute
Family and Medical Leave Act
1,443 published works
California Employment Law Update
Indian Tribe Did Not Waive Its Sovereign Immunity By Removing Lawsuit To Federal Court
By Tony Oncidi
Bodi v. Shingle Springs Band of Miwok Indians, 2016 WL 4183518 (9th Cir. 2016) The Shingle Springs Band of Miwok Indians is a federally-recognized Indian tribe located on the Shingle…
The EPL Advisor
Dismissal of Claims of Unlawful Discharge for Using FMLA Leave Highlight Importance of Accurate Record Keeping And Consistent Explanations For Employee Terminations
Too often weak claims of employment discrimination gain strength when employers fail to properly document and support with documentation the legitimate, non-discriminatory reasons for an employee’s termination. While the burden…
FMLA Insights
Sweet Justice! Dismissal of Bully’s FMLA Claim Proves Employers Can Safely Terminate an Employee on the Heels of FMLA Leave
By Jeff Nowak
I hate bullies. Back in 4th grade, Sister Mary Demetria, OSF, told us that "hating" someone was a sin. I'm convinced Sister never met a bully. Forgive me, Father, for…
FMLA Insights
Are Foreign Nationals on H-1B Work Visas Eligible for FMLA Leave?
By Jeff Nowak
Over the past few months, I've been asked by clients whether foreign nationals who are in the United States on work visas are eligible for FMLA leave. As a General…
Labor & Employment Law Navigator
Employers Need To Be Careful When Counting Mandatory Overtime As Leave Under the Family and Medical Leave Act
In general, the Family and Medical Leave Act ("FMLA") provides that eligible employees may take twelve weeks of unpaid leave in a twelve-month period for the serious health condition of…
HR Defense
Zika and the Workplace: What Employers Must Know
With 413 Zika virus cases reported in 34 of Florida's 67 counties as of August 15, it's clear that it is spreading. Employers should take steps now to prepare for…
FMLA Insights
FMLA FAQ: Must an Employer Accept FMLA Medical Certification from an Online Health Care Provider? And What If It’s an LCPC?
By Jeff Nowak
Q: Our employee is trying to support his need for FMLA leave with medical certification from an online health care provider. Is this valid under the FMLA? And What if It's…
FMLA Insights
Please Nominate FMLA Insights for the ABA Blawg 100!
By Jeff Nowak
Dear fellow FMLA nerds: Can I get your vote? What if I promised that it would only take 30 seconds out of your day, or less than the time it…
FMLA Insights
Does an FMLA Leave Request Double as a Request for a Reasonable Accommodation? Should Employers Care?
By Jeff Nowak
There is a hot debate brewing over the tantalizing question, "Does a request for FMLA leave also constitute a request for a reasonable accommodation under the ADA?" The worlds of…
FMLA Insights
Chronic Conditions: Can an Employer Deny FMLA Leave When an Employee Does Not Attend Two Doctor Visits in One Year?
By Jeff Nowak
Frank, your night custodian, reports that he suffers from Crohn's disease, a chronic condition that will cause him to miss work when the condition flares up from time to time,…