Statute
Family and Medical Leave Act
1,443 published works
Real Lawyers Have Blogs
Top 10 in Law Blogs: Advergames, Driverless Cars, FMLA Leave
No one writes about life as a trial lawyer quite like Karen Koehler. No one's close. Today, she writes on how starting a trial isn't quite as easy as they…
FMLA Insights
FMLA Leave for Headache Effectively Converts Full-Time Position into Part-Time Position; Employers’ Shrieks Heard Across the Country
By Jeff Nowak
This one is a real headache. Sam oversees a storage area for the Connecticut Department of Transportation (ConnDOT) and during certain times of the year, his position requires a fairly…
Texas Employment Lawyer
Temporal proximity of three days between medical leave request and termination in conjunction with evidence that eliminated position could have been extended, specific mention of employee’s extended medical leave in termination recommendation doubt on legitimate reason.
“After describing statements in an email exchange about terminating plaintiff and how hard on business a sales’ rep’s extended medical leave can be, the court concludes, ‘These statements, in conjunction…
Law and the Workplace
In The Eleventh Circut, Employers Can Terminate “Protected” Employees For Poor Performance And Violation Of Company Policy
By Allan Weitzman, Jurate Schwartz
On December 4, 2014, the U.S. Court of Appeals for the Eleventh Circuit upheld summary judgment in favor of an employer against a pregnant employee who had requested FMLA, who…
Healthcare Workplace Update
Appeals Court Finds No Breach of Settlement Agreement by Hospital Disclosing Nursing Board Report to Prospective Employer of Former Employee
A hospital did not breach its settlement agreement with a former employee when it disclosed to a prospective employer that it reported her to the New Jersey Board of Nursing…
Texas Employment Lawyer
Discussing termination with Plaintiff three days after request for FMLA-qualified leave creates causal connection.
“[T]he court finds that Plaintiff has demonstrated a causal connection between her request for FMLA-qualified leave and her termination, which was discussed with her a mere three days after her…
Texas Employment Lawyer
When evaluating whether the adverse employment action was causally related to the FMLA protection, the court shall consider the temporal proximity between the FMLA leave and the termination.
By Eric P. Dama
“In the case at bar, Plaintiff suffered injury on August 2, 2010. Shortly thereafter, Defendant was made aware that Plaintiff had suffered an injury to his arm and would be…
FMLA Insights
When an Employee Requests FMLA Leave for a Workplace Injury, Is the Employer Required to Report it as an OSHA Event?
By Jeff Nowak
An issue that implicates both the FMLA and OSHA? Normally, I'd yawn and take a cat nap along with you. But this one is sufficiently interesting: If an employee returns…
OSHA Law Blog
Workplace Safety & Health Weekly Update
The latest issue of our weekly Workplace Safety and Health newsletter is available for viewing and contains the following articles: FMLA Takes Precedence over OSHA’s Recordkeeping Requirements, OSHRC Rules. The…
Employment & Labor
ERISA Preempts Wisconsin FMLA
Sherfel v. Newson, -- F.3d --. 2014 WL 4812275 (6th Cir. Sept. 30, 2014), concerned an STD plan covering employees in 49 States. The plan allowed its administrator to pay…