Category archive: FMLA

New Illinois Child Bereavement Leave

Governor Bruce Rauner signed the Child Bereavement Leave Act into law on July 29, 2016. The Law requires employers with at least fifty (50) employees to provide up to ten (10) working days of unpaid leave for the loss of a child.

FMLA Update: Critical Analysis of Voluntary Overtime Becoming Mandatory for Calculating Intermittent FMLA Leave Benefits

Recently, in Hernandez v. Bridgestone Americas Tire Operations, LLC, the U.S. Court of Appeals for the Eighth Circuit held that where overtime is considered mandatory an employer may deduct missed shifts from an employee’s allotted intermittent leave allotment under the Family and Medical Leave Act of 1993 (FMLA), but that the employer must also include mandatory overtime hours when calculating an employee’s total FMLA-leave allotment. Failure to do so constitutes an FMLA interference claim.

FMLA Breach: HR Director May Be Liable As An “Employer”

A recent federal circuit court of appeals decision shows a growing change in how courts define an “employer” for the purpose of establishing liability under the Family and Medical Leave Act (“FMLA”).

FMLA Interference: How To Get Sued

Under the FMLA, an employer must not –

Interfere with, restrain or deny the exercise of, or attempt to exercise, an employee’s FMLA rights [29 U.S.C. § 2615(a)(1)], or
Discharge or discriminate against an individual for opposing any unlawful practice under the FMLA [29 U.S.C. § 2615(a)(2) and (b)].

FMLA – Curing a Deficient Medical Certification

Your employee requests Family Medical Leave and presents you with a medical certification that is deficient. What do you do?

FMLA Worker Loses Claim on Technicality

On May 22, 2015, the U.S. Court of Appeals for the Third Circuit ruled in a case presenting an FMLA claim that a 14-hour hospital stay did not qualify as an “overnight” stay in order to provide the employee with protection under the FMLA.

Federal Court Enjoins DOL FMLA Regulation Addressing Same-Sex Marriages

The Family Medical and Leave Act in part requires an employer to permit an eligible employee to take a leave of absence arising from the serious medical condition involving the employee’s spouse. When Congress enacted the FMLA in 1993, no state had recognized a same-sex marriage. Consequently, the definition of a spouse for FMLA purposes was uncomplicated and uncontroversial.

Sharks in the Water: Employers Beware of Technical FMLA Violations

An employee who complained of a major headache left work and went to a local health care clinic where a physician assistant diagnosed the employee with high blood pressure. The physician assistant provided the employee with a signed note indicating he could return to work in four days.

FMLA: Pick A Year… Any Year

FMLA eligible employees can take up to 12 weeks of unpaid leave during a 12-month period. But, the question is – which 12 month period?

EMPLOYER ALERT: DOL Issues Final Rule Changing Definition of “Spouse” Under the FMLA

On February 23, 2015, the United States Department of Labor announced that a final rule revising the regulatory definition of “spouse” under the Family and Medical Leave Act of 1993 (FMLA).


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