Tag: FMLA leave

Make Sure Your Parental Leave Policy Is Ready for Post-COVID-19 Baby Boom

Early during the COVID-19 pandemic, there was speculation about a baby boom in the coming months because couples were spending virtually all their time at home together, perhaps with too much “downtime.” An immediate boom ended up not occurring, according to a recent study by University of Michigan researchers. But, the slight pause in pregnancy and childbirths […]

Lack of Documentation Hinders Employer’s Ability to Deal With Suspected FMLA Abuse

On August 6, 2021, the U.S. District Court for the District of New Jersey denied requests by both an employer and an employee to resolve a dispute over abuse of leave under the federal Family and Medical Leave Act (FMLA) and the New Jersey Family Leave Act (NJFLA), which both give eligible employees job-protected time […]

Court Deems Broken Toe and Voicemails Were Sufficient for FMLA Claim

Does a broken toe amount to a serious health condition under the Family and Medical Leave Act (FMLA)? It depends on the circumstances. But an Ohio federal district court recently held an employee’s FMLA interference claim can go to trial in a case where there was a dispute of whether his broken toe constituted a […]

arbitration

Court Upholds Dismissal After Employee Couldn’t Prove Monetary Damages

The U.S. 7th Circuit Court of Appeals (whose rulings apply to all Illinois, Indiana, and Wisconsin employers) recently interpreted the Family and Medical Leave Act (FMLA) in a case involving an interesting set of facts. The employer altered an employee’s position while he was on leave, but his compensation was frozen at a pre-leave level […]

‘You Can Be Just a Little Bit Pregnant,’ Says Texas Court

Yes, our parents were wrong, at least as far as the law is concerned—turns out you can be just a little bit pregnant. The Texas Court of Appeals in Corpus Christi said so in an opinion issued on February 11. To solve and understand the apparent riddle, read on. Office talk triggers termination Cynthia V. […]

care

FMLA and Caring for Elderly Parent with Dementia

Q.) An employee who is eligible for Family and Medical Leave Act (FMLA) leave has asked to use it to spend time with her father, who is in a nursing home but having difficulty settling in. He has dementia and will listen only to family members. Is this a qualifying event? She would not be the […]

FMLA

Calling all Florida Employers: You Can’t Delay Designating FMLA Leave

On March 14, 2019, the U.S. Department of Labor (DOL) issued a new opinion letter addressing whether an employer may delay designating paid leave as Family and Medical Leave Act (FMLA) leave. The issue often arises when employees who need time off ask to use their paid leave first and advise the employer that they […]

Have ‘Stranger’ Leaves Been Approved? FMLA Lessons from Netflix

While binge-watching everyone’s nostalgic guilty pleasure, Netflix’s Stranger Things, I could not help but empathize with single mother Joyce Byers (played by actress Winona Ryder). Her prepubescent son, Will (Noah Schnapp), was abducted by a monster (the Demogorgon) and sent to a parallel universe (the Upside Down) populated by dog-like monsters. During Will’s disappearance, apparent […]

A Refresher Course on FMLA Return-to-Work

In my opinion, the Family and Medical Leave Act (FMLA) remains one of the most (if not the most) difficult employment laws to administer. The federal regulations are lengthy and detail-oriented, setting forth various compliance deadlines, rules, and (of course) exceptions.