Tag Archives: Maternity Leave

Does Paid Leave Become Reality in a Trump Administration? And Who is His Likely Choice to Head the Department of Labor?

Every other employment attorney has been offering their opinion on how the election of Donald Trump will impact employment law. So, I’d feel left out of this riveting discussion if I didn’t offer my two cents about how a Trump presidency might impact by far the most exciting area of employment law — employee medical … Continue Reading

When an Employer Provides More Parental Leave to Mom than Dad, is this Gender Discrimination?

I received a ton of feedback on last week’s blog post, which discussed Yahoo’s new parental leave policy and its FMLA implications.  Much of the feedback related to Yahoo’s decision to provide 16 weeks of paid maternity leave to female employees and 8 weeks of paid paternity leave to male employees.  Some wondered whether such a … Continue Reading

Yahoo's Sweetened Parental Leave Policy Raises Practical FMLA Certification Issues for Moms and Dads in the Workplace

It seems that what Yahoo CEO Marissa Mayer taketh, she giveth back.  Or something like that.   As you will recall, Mayer made waves several months back when she banned all Yahoo employees from working from home, a rather controversial move seen by some as unfriendly to working parents. Now, in an interesting twist, Yahoo … Continue Reading

Dads Need Lovin' Too! Father Can Proceed with FMLA Retaliation Claim in "Macho Culture" Lawsuit

Dads need lovin’ too.  So says a federal court judge, who has allowed a father to proceed on his FMLA retaliation claim after the employee alleged that his employer’s “macho man” culture was a culprit in his ouster.  As I detailed in a previous blog post, Ariel Ayanna was an attorney at a Boston-based law … Continue Reading

Employer Burned for Failing to Return Employee to Equivalent Position After FMLA Ended

The Family and Medical Leave Act and its regulations tell us that an employer must return an employee to the same or an equivalent position upon return from FMLA leave.  Not surprisingly, I often am asked by clients, “What is an ‘equivalent’ position?”  On their face, the FMLA regulations seem to be a bit unforgiving for employers, … Continue Reading

Happy Father's Day: Dad Claims He Was Terminated After Taking FMLA Leave for Bonding with Newborn Child

As a father of three, I tend to take interest in “feel good” stories about working parents.  However, in a recent ABA Journal article, an article about a working dad caught my attention for a far different reason.  The article highlighted Ariel Ayanna, who recently filed suit against his employer claiming he was terminated after taking FMLA … Continue Reading

Employer Properly Demoted Employee Upon Return from FMLA Leave

All too often, employers are criticized for blunders they could have avoided when taking disciplinary action against an employee with a medical condition.  However, a recent federal appellate court decision provides a glowing example of how an employer got it right when it disciplined an employee upon her return from leave under the Family and Medical Leave Act.  Last month, the … Continue Reading

Administering FMLA Leave for Pregnancy Issues - Podcast No. 9

In this edition of our podcast, we discuss how an employer should properly administer FMLA leave when it is needed for pregnancy-related matters or upon the birth of the child. We tackle common questions such as: Can an employer obtain medical certification of a pregnancy? Is intermittent leave allowed for child-parent bonding time? Are prenatal … Continue Reading
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