Tag: leave policy

FMLA: An Overview of Serious Health Conditions

The Family and Medical Leave Act (FMLA) allows eligible employees to take up to 12 workweeks for leave during any 12-month period in order to care for a spouse, son, daughter, or parent with a serious health condition—or for a serious health condition of their own. But what constitutes a “serious health condition” under the […]

Ask the Expert: Leave for Adult Son’s Recovery from Surgery

I have a question regarding taking leave for an adult son.  An employee’s son has to have back surgery.  He is not incapable of self-care (has a full time job, etc). However, after the back surgery he is going to need help with his recovery. Will this fall under the FMLA for her to take […]

Documentation, Consistency Protect Employer from FMLA Retaliation Claim

By Charlie Plumb, JD, McAfee & Taft Taking action against an employee after she returns from a Family and Medical Leave Act (FMLA) absence can expose an employer to claims of FMLA retaliation. But sometimes it takes an employee’s absence to learn about her performance issues. So how should an employer handle disciplining someone who is returning […]

Do You Offer Paid Family Leave?

Yesterday’s Advisor took a look at how the slew of sick leave laws have left a new trend in their wake: paid family leave. Today we’ll look at the Department of Labor’s (DOL) plan to research this type of leave.

Paid Family Leave: The New Trend?

The seas of HR are filled with paid sick leave legislation at the state and federal level. In the wake of such changes, a new paid sick leave trend just might be emerging—paid family leave.

Determining FMLA Eligibility: In Loco Parentis Status

This article series highlights the requirements for determining Family and Medical Leave Act (FMLA) eligibility. The last installment focused on the requirements that are used to determine FMLA family care, now we’ll look at determining in loco parentis status.

FMLA Retaliation: Employment Action Must Cause Actual Harm, Court Rules

By Martin J. Regimbal, JD, The Kullman Firm In a recent decision, the U.S. 5th Circuit Court of Appeals (which covers Louisiana, Mississippi, and Texas) addressed an employee’s claim of retaliation under the Family and Medical Leave Act (FMLA). The employee alleged a litany of purported adverse actions, but she provided no evidence that the […]

Family-Care Discrimination Cases On the Rise, and Employees Are Winning Them

Employers of all types and sizes should take note of a new study released by the Center for WorkLife Law at the University of California, Hastings College of the Law. The report, “Caregivers in the Workplace: Family Responsibilities Discrimination Litigation Update 2016,” identifies workplace trends that have led to rapid growth in lawsuits brought by […]