The Department of Labor has released a new poster that reflects recent amendments to the Family and Medical Leave Act ("FMLA"). As part of the FMLA, employers are required to post in a conspicuous place a notice explaining the Act’s provisions. The new poster reflects changes that were made to the FMLA in the Department of Labor’s recently published "Final Regulations," which take effect on January 16, 2009. Among other changes, the new poster contains a description of the requirements for military family leave. Previously, employers were required to post separate notices regarding military family leave and the FMLA. The new poster is currently available on the Department of Labor’s website.Continue Reading Department Of Labor Issues New FMLA Poster And Forms For Employer Use
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
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Continue Reading New FMLA Regulations: What You Need to Know
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…
Continue Reading Proposed FMLA Regulations: Will Your Company Be Affected?
Family and Medical Leave Act (FMLA) Amended to Protect Military Families
On January 28, 2008, President Bush signed an amendment to the Family and Medical Leave Act (FMLA) that extended greater protections to military families. The amendment (H.R. 4986, the National Defense Authorization Act for FY 2008 (NDAA), Pub. L. 110-181) allows an employee to take up to 26 workweeks of leave to care for an injured or ill member of that employee’s immediate family who is a “covered service member” in the military. The NDAA also permits an employee to take 12 weeks of FMLA leave for "any qualifying exigency" arising out of the fact that an immediate family member in the military is on active duty or has been notified of an impending call or order to active duty in support of a contingency operation.Continue Reading Family and Medical Leave Act (FMLA) Amended to Protect Military Families
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 was a triable issue of fact as to whether the employer was placed on notice of the plaintiff’s need for FMLA leave based upon the plaintiff’s bizarre behavior.Continue Reading Federal Court Finds That Employee’s Bizarre Behavior Could Constitute Constructive Notice Of The Employee’s Need For FMLA Leave.
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 or release of all FMLA rights, including the right to bring an action or claim for a violation of the Act.Continue Reading The Fourth Circuit Requires DOL or Court Approval To Release FMLA Rights