Category Archives: FMLA

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Judges and Legislators in Chicago and California Seek to Expand Protections for Hotel Workers

In the wake of a deluge of sexual harassment accusations being leveled against high profile figures, and the ensuing #MeToo social media movement, some legislators and judges have been eager to expand protections for certain individuals they see as particularly vulnerable to sexual harassment and assault, including hotel workers.… Continue Reading

DOL Proposes to Amend FMLA Definition of “Spouse” to Include Same-Sex Marriages

The U.S. Department of Labor has proposed amending the regulatory definition of “spouse” under the Family and Medical Leave Act to expressly include individuals in same-sex marriages. In a Notice of Proposed Rulemaking published on June 27, 2014, the DOL proposed the revision in light of the recent United States Supreme Court decision in United … Continue Reading

IRS, DOL and EBSA Issue Post-DOMA Guidance Regarding Treatment of Same-Sex Spouses

The Internal Revenue Service (“IRS”), the Employee Benefits Security Administration (“EBSA”) and the Department of Labor (“DOL”) have recently provided new guidance with respect to how lawfully married same-sex spouses will be treated under federal tax laws, the Employee Retirement Income Security Act (“ERISA”) and the Family and Medical Leave Act (“FMLA”).… Continue Reading

Considerations for US Employers Post-DOMA

By Karin Johnson and Megan Grant* When the Supreme Court issued its opinion in U.S. v. Windsor on June 26, it invalidated the federal definitions of “spouse” and “marriage,” and, in so doing, altered employer obligations with respect to same-sex marriages. Although the media coverage of this decision has understandably focused on other implications of the … Continue Reading

Department of Labor Extends Family Medical Leave Act Coverage to Same-Sex, Non-Traditional Parents

On June 22, 2010, the U.S. Department of Labor issued a clarification of definitions under Section 101(12) of the Family and Medical Leave Act (FMLA) designed to ensure all employees who care for children are eligible for parental rights to leave under the Act—even when the employee lacks a legal or biological relationship to the … Continue Reading

H1N1 Virus and the Workplace: Will this Year’s Flu Cause a Headache for Employers Too?

Flu season is upon us. With the recent outbreak of the H1N1 Virus ("Swine Flu") as well as the ever-present seasonal flu, employers must face increased absenteeism by their employees. Much like the regular flu, H1N1 causes fever, sore throat, nausea and fatigue. However, this particular strain of illness is predicted to be particularly dangerous … Continue Reading

The Fair Employment and Housing Commission Updates Its FMLA/CFRA Comparison Chart

On November 17, 2008, the United States Department of Labor issued revised regulations interpreting the federal Family Medical Leave Act (FMLA).  Because these regulations differ from comparable regulations that the California Fair Employment and Housing Commission (FEHC) has issued interpreting the California Family Rights Act (CFRA), the FEHC plans to revise its CFRA regulations.… Continue Reading

New FMLA Regulations: What You Need to Know

Presented by Jennifer Redmond This 1-hour seminar will cover what you need to know about the new FMLA regulations, including: New employer notice requirements New employee notice obligations Qualifying exigency leave defined Limited rights to contact the health care provider directly Recertification rights Conflicts with state law on the definition of serious health condition We … Continue Reading

Proposed FMLA Regulations: Will Your Company Be Affected?

If your company has significant FMLA issues (such as a large percentage of employees certified for intermittent leave), you should be paying attention to the proposed changes to the FMLA regulations. One major change that should be supported is the right to require recertification every 30 days for long-term chronic conditions where there are reasonable … Continue Reading

Federal Court Finds That Employee’s Bizarre Behavior Could Constitute Constructive Notice Of The Employee’s Need For FMLA Leave.

In Stevenson v. Hyre Electric Co., the United States Court of Appeals for the Seventh Circuit recently reversed an order granting summary judgment in favor of the employer on a claim that the employer violated the plaintiff’s rights under the Family Medical Leave Act ("FMLA") by terminating the plaintiff’s employment.  The court found that there … Continue Reading

The Fourth Circuit Requires DOL or Court Approval To Release FMLA Rights

In Taylor v. Progress Energy, Inc., the Fourth Circuit considered the meaning of 29 C.F.R. § 825.220(d) which states that "employees cannot waive, nor may employers induce employees to waive, their rights under FMLA."  The Court concluded that, without prior Department of Labor ("DOL") or court approval, section 825.220(d) bars both prospective and retrospective waiver … Continue Reading

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