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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.
The Family and Medical Leave Act (FMLA) provides job-protected leave benefits. This generally means that when an employee qualifies for and takes FMLA leave, his or her job (or an equivalent) must be available to return to at the end of the leave period.
American Idol alum Jordin Sparks walked the red carpet just three days after giving birth to her son and has done a slew of interviews discussing this new chapter of her life. While Sparks is certainly a trooper for bouncing back so quickly after a major medical event and putting herself back into the celebrity […]
I played basketball in high school and dreamed of playing in college. I knew it was a long shot, and it never came to pass. “Maybe I’ll walk on some day,” I thought as I went off to college. Yeah, right. I gave up that dream when I enrolled at Wake Forest in the early- […]
As we previously reported, last June the U.S. Department of Labor (DOL) announced that it would reinstate the use of Opinion Letters, an interpretive practice that had been replaced by the issuance of Administrator Interpretations during the Obama years.
A federal court in Louisville, Kentucky recently changed its mind and reinstated claims that had previously been dismissed. The court found an employee’s complaint contained sufficient allegations of discrimination based on her disability and her use of medical leave to move forward toward trial.
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.
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 […]