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Family and Medical Leave Act
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Real Lawyers Have Blogs
Top 10 in Law Blogs: Bitcoin, Social Cost of Carbon, FL’s Expert Witness Standard
It's Friday afternoon, it's a near-absurd 88 degrees outside in Seattle right now and the Mariners are about to take on the Cubs just down the street—it's time to get…
Alabama Employment Law Report
Supreme Court Finds DOMA Unconstitutional
We are all familiar with George Wallace's stand in school house door, a battle which he lost. It appears that the Supreme Court has kicked down, or at least opened…
HR Law Talk
DOMA and the FMLA – What Should Employers Do “In the Meantime”?
The Supreme Court’s Defense of Marriage Act (“DOMA”) ruling will impact the “spouse” definition in the Family and Medical Leave Act (“FMLA”) (among other extensive impacts in the employment law…
Disability, Leave & Health Management Blog
DOMA Case Broadens FMLA Definition of “Spouse”….At Least to Some Extent
The Supreme Court’s Defense of Marriage Act decision expands employer obligations under the FMLA, at least in the states that recognize same-sex marriages. The Court held that Section 3 of…
Benefit Notes
Okay for Health Plan to Cover Same Sex but not Opposite Sex Domestic Partners
By Stinson LLP
I have always been interested in the intersection of employment law and benefits law. Among those intersections is the extent to which employment law discrimination rules may apply to benefit…
FMLA Insights
Employee Fired for Absences Exceeding his Certification Can Raise a Viable FMLA Claim
By Jeff Nowak
Have you ever made a rash decision that you wish you could take back the second you made it? One employer must feel that way right about now. Last week,…
Disability, Leave & Health Management Blog
“Can’t Be On Call Tonight, Dad’s in ER” Not a Request for FMLA Leave
An employee's text message to her supervisor telling him that she could not be on call that night because her father was in the emergency room was not a request…
Disability, Leave & Health Management Blog
“I am Resigning” is Not a Request for FMLA Leave
Is a resignation a request for FMLA leave? Of course not most would say, but it depends on whether you ascribe to words their plain meanings. One of the more…
FMLA Insights
Failure to Provide Additional Leave as ADA Accommodation Could Prove Costly to Employers
By Jeff Nowak
For ages, the employer community has awaited guidance from the EEOC regarding how much additional leave, if any, an employer is required to provide an employee as an ADA reasonable…
FMLA Insights
I Believe My Employee is Unfit to Return to Work. Can I Require a Full Medical Examination Before His Return?
By Jeff Nowak
Have you ever doubted whether one of your employees actually was fit to return to work from a leave of absence? Take this situation I counseled a client through a…