Statute
Family and Medical Leave Act
1,443 published works
Labor & Employment Report
FMLA Does Not Apply to Care for Unborn Child
By Fiona W. Ong
In an interesting twist on the right to care for family members under the Family and Medical Leave Act, a court has held that the FMLA does not apply to unborn children.…
FMLA Insights
EEOC Commissioner Gives Insight into Handling Employee Leaves of Absence After FMLA is Exhausted
By Jeff Nowak
Last week, I had the pleasure of co-presenting with EEOC Commissioner Chai Feldblum on the topic of "leave" as a reasonable accommodation under the ADA. Our presentation was part of…
Minnesota Employer
Eleventh Circuit Holds that Employee’s Depression Does Not Qualify for FMLA Leave
The Eleventh Circuit Court of Appeals recently reversed a jury verdict for an alleged violation of the Family Medical Leave Act (FMLA) based, in part, on the determination that the…
FMLA Insights
Employees Can’t Take FMLA Leave for “Potential” Absences in the Future
By Jeff Nowak
Did you ever have an employee tell you that he has medical condition "x," which will require time off at some point in the future? Normally, you tactfully tell him…
Disability, Leave & Health Management Blog
Giving Notice of “Unqualified” Leave Insufficient to Trigger FMLA Protections
By Susan E. Groff, Jackson Lewis P.C.
While the principle seems straightforward, the Eleventh Circuit confirmed in Patrick Hurley v. Kent of Naples, Inc., et al.ss (11th Cir. March 20, 2014) that an employee must request FMLA-qualifying…
Disability, Leave & Health Management Blog
To Designate or Not to Designate FMLA Leave, That is the Question
From the beginning of FMLA-time in 1993, the U.S. Department of Labor FMLA regulations have required employers to designate leave as FMLA leave “[w]hen the employer has enough information to…
FMLA Insights
FMLA FAQ: Can an Employer Designate FMLA Leave When an Employee Refuses to Provide Medical Certification?
By Jeff Nowak
I received a ton of feedback last week in response to my post about whether an employee can decline FMLA leave even though the absence qualifies under the Act. One…
Disability, Leave & Health Management Blog
“Trust, But Verify” Approach to Confirming Employee Need for FMLA Intermittent Leave Rejected
“Trust, but verify,” the Russian proverb used often by former President Ronald Reagan, suggests an approach many employers would welcome when it comes to employee use of intermittent leave under…
FMLA Insights
Can an Employee Decline FMLA Leave Even though the Absence is Covered by the Act?
By Jeff Nowak
What do you do when one of your employees has informed you of what clearly is an FMLA-triggering event (she needs to care for her dad who is seriously ill…
Employment & Labor
FMLA Win for Employers – Employees Can Affirmatively Decline FMLA Leave & Thus FMLA Protections
By Beth V. West
On February 25, 2014, the Ninth Circuit Court of Appeals issued its decision in Escriba v. Foster Poultry Farms, Inc., holding that employees who affirmatively decline to take FMLA leave…