June 2010

World Cup soccer ball pic.jpgA couple weeks ago, as I was preparing a witness for his deposition (in a Title VII and FMLA case), it dawned on both of us that his deposition would take place mere hours after the deciding Game 6 of the Stanley Cup Playoffs.  Upon this realization, his face grew a bit pale, and he began wondering out loud whether he would be in the best shape for a deposition the day after a Chicago Blackhawks victory.  [Insert here: visions of a late night at the local pub.]

No worries — both my client and the Blackhawks came out on top.  However, the more I considered the above exchange, the more I wondered whether this scenario raises a common issue for employers as they administer FMLA leave — Do major sporting events, such as the Stanley Cup and ongoing World Cup, invite widespread abuse of FMLA leave?Continue Reading He Shoots . . . and Misses! Does the World Cup Invite FMLA Abuse?

On June 22, 2010, the U.S. Department of Labor issued an Administrator Interpretation (.pdf) to clarify the definition of a “son or daughter” under the FMLA to ensure that an employee who seeks time off work to care for a child receives FMLA leave regardless of the employee’s legal or biological relationship with the child.  Although the DOL interpretation arguably does not change existing law, many consider it a huge win for nontraditional families, including families in the lesbian-gay-bisexual-transgender (LGBT) community who, the DOL asserts, “often in the past have been denied leave to care for their loved ones.”Continue Reading DOL Permits FMLA Leave for Gay Parents and Others Caring For a Child

Gay and lesbian employees in the Illinois Treasurer’s office who are in a committed relationship will enjoy the same FMLA benefits as married employees under an executive order signed by state treasurer (and U.S. Senate candidate) Alexi Giannoulias Sunday.  As a result, these employees will have the same family and medical leave benefits to care for their domestic partner when they suffer from a serious health condition and will be allowed to take time off to have or adopt children.
Continue Reading Illinois State Treasurer Extends FMLA Benefits to Employees with Same-Sex Partners

Last fall, Congress passed and the President signed several amendments to the Family and Medical Leave Act, including an expansion of military leave (2010 Defense Department Authorization Bill) and a relaxation of the hours requirement for airline employees (Airline Flight Crew Technical Corrections Act).

Congress’ willingness to amend portions of the FMLA in…