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Question: Can an employer designate time that an employee is on workers’ compensation as Family and Medical Leave Act (FMLA) leave, even if the employee does not want us to?
A bill introduced in the House March 16 would amend the Family and Medical Leave Act (FMLA) to allow parents to take 12 weeks of unpaid, job-protected leave for the death of a child.
In a three-sentence order entered just before the close of business March 14, the Arizona Supreme Court rejected a constitutional challenge to the Fair Wages and Healthy Families Act, commonly known as Proposition 206. The unanimous ruling dashed the last remaining hope of business groups trying to block the voter initiative, which raised the state’s minimum wage to $10 per hour on January 1 and mandates paid sick leave for most employees beginning July 1, 2017.
The U.S. 8th Circuit Court of Appeals (which covers Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota) recently affirmed a district court’s ruling that an employee failed to establish a case of disability discrimination and retaliation.
In this article series, we’ll focus on the intersection of the Family and Medical Leave Act (FMLA) and how it affects many other laws, including the Americans with Disabilities Act (ADA), workers’ comp, and other state laws that apply to medical or disability leaves. Additionally, the FMLA may intersect with a variety of employer-provided leaves […]
by Susan Hartmus Hiser, JD, The Murray Law Group, P.C. Question: Our attendance policy requires employees to call in all absences prior to the start of their shift, including absences due to approved intermittent leave under the Family and Medical Leave Act (FMLA). Some employees have presented doctors’ notes exempting them from the call-in requirement […]
The U.S. 5th Circuit Court of Appeals (which covers Louisiana, Mississippi, and Texas) recently affirmed the dismissal of a former employee’s Family and Medical Leave Act (FMLA) retaliation claim. The court’s decision and reasoning provides further guidance to employers on the employee notice requirement under the FMLA and is likely to prove useful to employers defending FMLA and other federal claims.
The 6th Circuit recently overturned a lower court’s dismissal of an employee’s disability and age discrimination claims and sent the case back for trial. The employee, who is unable to lift more than 35 pounds because he has scoliosis, was discharged after nearly 40 years on the job when his supervisor discovered that his condition […]
The Kentucky Court of Appeals recently ruled that a 90-day statute of limitations, rather than a longer five-year time limit, applied to an employee’s claim for wrongful discharge. Both statutes of limitations protect employees from being discharged based on their jury-related service.
The landscape of employee leaves continues to grow in scope, complexity, and unpredictability. The Family and Medical Leave Act (FMLA), Americans with Disabilities Act (ADA), and other federal statutes have been joined by state, counties, and city leave laws. At the same time, more large employers look at paid leave as an important recruitment and […]