Most employers know they cannot retaliate against someone for requesting or using Family and Medical Leave Act (FMLA) leave. One way to defeat an FMLA retaliation claim is to provide evidence that the adverse employment decision was made, but not yet relayed to the employee, before she requested FMLA leave.
Tag: FMLA leave
It’s no-pain, no-gain for Tom Brady, but pressuring employees to work while injured may violate the Family and Medical Leave Act (FMLA). Love him or hate him, you have to give it to Tom Brady–the man is dedicated to his sport. Last week, he was called upon once again to play through the pain and […]
A federal court in Kentucky recently ruled that a Kentucky employer must go to trial in a Family and Medical Leave Act (FMLA) case in part because there were disputes over whether an employee was absent and whether he had been given FMLA paperwork at the time of the absences.
by Caren W. Stanley Q We have an employee in a high-risk, safety-sensitive position who recently admitted to extreme alcohol abuse. We are now concerned that he, his colleagues, and our company are at risk because we can’t depend on his work. We’d like to discharge him, but we’re unsure of the legal risks. A […]
by Timothy C. Cavazza As of January 1, 2014, Rhode Island’s temporary disability insurance program will be expanded to cover employees taking temporary caregiver leave. Leave will be available to employees “to care for a seriously ill child, spouse, domestic partner, parent, parent-in-law, grandparent, or to bond with a new child.” An employee who is […]
Earlier this year, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) issued Administrator’s Interpretation (AI) No. 2013-1, which can be found at www.dol.gov/whd/opinion/adminintrprtn/fmla/2013/fmlaai2013_1.htm. The AI clarifies that the age of onset of a disability is irrelevant when determining whether an employee is entitled to take leave to care for an adult son […]
by Amanda Shelby The U.S. Department of Labor’s (DOL) recently issued Family and Medical Leave Act (FMLA) regulations became effective on March 8. Although the new regulations don’t radically change the landscape of the FMLA, they do contain some significant modifications. What do you need to know to ensure that your policies and practices are […]
by Edward Sisson The acting deputy administrator of the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) issued Administrator’s Interpretation (AI) No. 2013-1 on January 14 to explain the WHD’s position on who is considered a son or daughter under Section 101(12) of the Family and Medical Leave Act (FMLA). The […]
On February 4, the U.S. Department of Labor (DOL) issued a final rule implementing two expansions of the Family and Medical Leave Act (FMLA). The rule was issued to coincide with the 20th anniversary of the signing of the Act. One of the expansions provides families of eligible veterans with the same FMLA-protected leave available […]
The U.S. Department of Labor (DOL) observed the 20th anniversary of the signing of the Family and Medical Leave Act (FMLA) on February 4 by releasing a survey on its use and impact. The survey, conducted in 2012, follows previous assessments in 1995 and 2000. Both employees and worksites were surveyed. Here are some of […]