Fewer than 15% of managers and employees understand Family and Medical Leave Act laws, according to a recent report based on 2020 survey results. The second annual "The FMLA and PFL Knowledge Gap 2020: Employee and Manager Insights" report from Majesco compiled survey results from more than 1,000 participants working for businesses with anywhere from 100 to ... Subscribe Login Digital ...
Read More »Tag Archives: FMLA
What US courts consider employer FMLA interference (INFOGRAPHIC)
Courts across the U.S. ruled in dozens of cases dealing with Family and Medical Leave Act labor laws over the past 12 months, and Marjory Robertson, assistant vice president and senior counsel at Sun Life Insurance, said she’s read the decision in every one.
Read More »Best practices for working with victims of human trafficking (INFOGRAPHIC)
The American Bar Association started the Survivor Reentry Project to provide national training and assistance for attorneys working with trafficking survivors seeking criminal record relief.
Read More »You can (sometimes) use social media as proof of FMLA abuse in court (INFOGRAPHIC)
A Facebook photo surfaces showing an employee who’s using leave under the Family and Medical Leave Act relaxing on the beach. The photo can be used as proof of FMLA abuse in court — depending on the circumstances.
Read More »Lawmaker proposes organ donation leave of absence (UPDATE)
A state senator whose husband died while waiting for a transplant is proposing legislation requiring Wisconsin employers to allow unpaid leave for donating an organ.
Read More »Proposed FMLA regulation would require benefits for same-sex couples
A proposed federal regulation requiring employers to provide legally-married same-sex couples with benefits under the Family and Medical Leave Act regardless of their employees' state of residence could help clear up some complications caused by conflicting federal and state laws.
Read More »Ex-Caterpillar employee sues company
A former Caterpillar employee is suing the company, claiming he was fired illegally after his doctor checked the wrong box on a medical report.
Read More »Employers brace for in-person investigations over FMLA
All in attendance sat up and took notice when midway through a three-day conference on employment compliance, a branch chief of the U.S. Department of Labor’s enforcement division said that the agency expects to increase on-site investigations into whether companies are complying with the Family and Medical Leave Act.
Read More »JOB CITES: Don’t be fooled: Labor laws apply to nonunion employers
Consider the following scenario: You are a nonunion employer who has just conducted an internal investigation into a harassment complaint by an employee (let’s call her Monica).
The role of counsel in executive terminations
Say a client informs you that an executive may be discharged, and asks for advice. The executive’s high salary and superior communication skills would make this a relatively dangerous termination.
Read More »Employers push back on FMLA abuse
In an effort to root out employee abuse of Family and Medical Leave Act violations, employers are increasingly relying upon the “honest suspicion” defense – and winning.
Read More »Employment — FMLA
11-2318 Pagel v. TIN, Inc.
Read More »Employment — FMLA — notice
11-2238 Nicholson v. Pulte Homes Corp.
Read More »Employment — FMLA
11-3420 Scruggs v. Carrier Corp.
Read More »Employment – FMLA — treatment
11-3400 Jones v. C&D Technologies, Inc.
Read More »Mother sues company, alleges sex discrimination
A Sioux Falls mother who once worked for Midcontinent Communications has filed a federal lawsuit against the company alleging sex discrimination.
Read More »Lawyers, EEOC see rise in pregnancy discrimination claims
The slow economy and competitive labor market may be contributing to the upswing in discrimination claims by pregnant women in the workplace, employment attorneys say.
Read More »States immune from lawsuits over sick time, says US Supreme Court
A state employee who was denied leave for his own sickness cannot sue the state for violating the Family and Medical Leave Act, the Supreme Court has ruled in a 5-4 decision.
Read More »Employment – FMLA — self-care
10-1016 Coleman v. Court of Appeals of Maryland
Read More »FMLA rule changes would benefit military families
The Department of Labor has announced proposed revisions to regulations implementing the Family and Medical Leave Act that would expand military family leave provisions and incorporate a special eligibility provision for airline flight crew employees.
Read More »11th Circuit says FMLA protects pre-eligibility request for leave
An employer may be liable for firing a pregnant employee after being informed that she planned on taking maternity leave after she became eligible under the Family and Medical Leave Act, the 11th Circuit has ruled in reversing a dismissal.
Read More »Supreme Court wrestles with medical leave case
The Supreme Court wrestled Wednesday with how a federal law that grants workers time off for family and medical reasons applies to state government workers in a case that could affect millions of them.
Read More »Employment – PDA — FMLA
10-3330 Makowski v. SmithAmundsen, LLC
Read More »10-1982 Breneisen v. Motorola, Inc.
Employment FMLA; exacerbation
Read More »BEV BUTULA: Garland’s Digest on Employment Discrimination Law
The Garland's Digest is a free web-based index of "over 4,500 summaries of federal appellate court decisions from September 1996 to May 2009 and a searchable index of over 4,500 court decisions from September 1996 to date."
Read More »09-1775 Righi v. SMC Corporation of America
Employment FMLA The termination of an employee who took time off work because of a family member’s medical emergency, but failed to communicate with the employer during the absence, did not violate the FMLA. “[T]he regulations explicitly provide that employers may require their employees to comply with their “usual and customary notice and procedural requirements” when requesting FMLA ... Subscribe ...
Read More »09-4151 Ames v. Home Depot U.S.A., Inc.
Employment ADA; FMLA Where an employee was terminated for being intoxicated at work, the termination did not violate the ADA or FMLA. "Taking the record in the light most favorable to Ames, her ADA claims cannot survive summary judgment. For either a discrimination claim or a failure-to-accommodate claim, Ames must show that she has a disability under the ... Subscribe ...
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