Statute
Family and Medical Leave Act
1,443 published works
The Blunt Truth®
ADA, FMLA and Medical Marijuana, How Do They Mix?
By Lawrence Postol, Seyfarth Shaw LLP
Almost a majority of the states allow medical marijuana, so a common question is how does the use of medical marijuana affect the rights under other laws, and in particular,…
FMLA Insights
FMLA FAQ: What if the Doctor Refuses to Use the Employer’s FMLA Medical Certification Form? And They Want to Charge a Fee for It?
By Jeff Nowak
A couple of clients have asked me recently whether a health care provider can use his/her own medical certification form or "doctor's note" to support the employee's need for FMLA…
Labor Days
FMLA Leave is Like a Hot Potato – Handle with Care or You Might Get Burned: The Message of the Culinary Institute Decision
Much has been written about the Second Circuit’s recent decision, finding that a Director of Human Resources at the Culinary Institute of America (“CIA”) was individually liable as an “employer” for…
Labor & Employment Insights
Dollar General’s Firing of Employee on Leave Did Not Violate the ADA or FMLA
A recent Eleventh Circuit case under the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA) approved Dollar General’s termination of an employee on leave. The…
FMLA Insights
FMLA FAQ: How Does an Employer Calculate Intermittent FMLA Leave When an Employee Moves from Full-Time to Part-Time?
By Jeff Nowak
Q: One of our employees was at full-time status (40 hrs/wk.) six months ago when he was granted intermittent FMLA leave for a GI issue that flared up from time to…
Law and the Workplace
Second Circuit Holds That HR Director May Be Individually Liable Under the FMLA Based On “Economic Realities” Analysis
It may not be well-known that the Family Medical Leave Act (“FMLA”) provides for individual, as well as corporate liability. Therefore, in a matter of importance to Human Resources personnel,…
Connecticut Employment Law Blog
Individual Employees Can Be Sued For FMLA Violations, Court Rules
It's been a big couple of days for court opinions. Today's turn: FMLA lawsuits. When we last talked about the FMLA, it was in the context of the fact that…
Texas Employment Law Update
HR Directors Beware: You Too Can be Sued for FMLA Violations
A recent case from the Second Circuit Court of Appeals should remind HR Directors (and supervisors) to be particularly vigilant in handling employee FMLA leaves of absence. In Graziadio v.…
Real Lawyers Have Blogs
Top 10 in Law Blogs: Brexit; Emeryville, CA; and FMLA
Welcome back! Hopefully everyone managed to get some relaxing in this weekend after all that ABA TechShow excitement. Over on LXBN we've certainly got a lot of people buzzing about…
Texas Employment Lawyer
Evidence that employee had previously taken 21 weeks off for an injury without consequence creates fact issue over whether employee would have been fired for needing more than 12 weeks of FMLA leave.
Defendant has presented no evidence that it would have immediately terminated Plaintiff once she expended all her FMLA leave. In fact, Plaintiff declared that she was injured in an automobile…