On January 30, 2012, the U.S. Department of Labor announced proposed changes to Family and Medical Leave Act regulations (pdf) in three specific areas: 1) Military Family Leave; 2) Flight Crew FMLA Eligibility; and 3) the manner in which employers calculate increments of FMLA leave. Rules for the first two have been expected for some
Reports: FMLA Regulatory Changes To Be Announced Later Today regarding Military Family Leave?
Various news outlets and web sites, including the Washington Post, Fox News and MilitaryFamily.com, have reported that the Department of Labor will propose various changes today to Family and Medical Leave Act regulations regarding military family leave. Fox reports that Secretary Hilda Solis will make the announcement with First lady Michelle Obama.
According
FMLA FAQ: Can an Employer Deny FMLA Leave to An Employee Who Is Not Yet Eligible to Take Leave?
Q: Can an Employer Deny FMLA Leave to An Employee Who Is Not Yet Eligible to Take Leave?
A. It depends, particularly after a federal appellate court handed down a ruling on this very issue last week.
The underlying story is straightforward: On October 5, 2008, Kathryn Pereda began working for Brookdale, which operates senior
The Best of FMLA from 2011 and What’s In Store for Employers in 2012
First, a heartfelt THANK YOU for following our FMLA Insights blog in 2011.
In 2011, our most popular blog entries involved two general topics: 1) employers’ best practices for FMLA administration; and 2) leave as a reasonable accommodation under the ADA when FMLA leave ends. We share these posts again below, since we believe the
The DOL’s FMLA Forms Expired on December 31, 2011. Should Employers Still Use Them?
In a flurry of activity at the end of 2011, several employers contacted me to determine whether the DOL notice and certification forms still were valid, even though they contain an expiration date of December 31, 2011. In short, employers may continue to use the DOL’s FMLA forms, although consider our suggestions below before using
FMLA Insights Selected as One of Top 100 Legal Blogs by ABA Journal; Please Vote for Us as The Top Blog
After going “live” a bit more than one year ago, we are humbled to have been selected by the ABA Journal as one of the Top 100 Legal Blogs of 2011. In its 5th Annual ABA Journal Blawg 100, the ABA Journal also was kind enough to name us among only nine labor and employment
Employees Take Note: Showing Pictures of Your Boyfriend’s Privates Will Doom Your FMLA Lawsuit (or Any Other Lawsuit)
Before you read this post, cover your eyes!
Cynthia Adams was a registered hospice nurse for Fayette Home Care and Hospice. According to one of her hospice patients, Adams apparently showed him and his wife three pictures of her boyfriend’s genitals, the photos of which were stored on her cell phone. Not surprisingly,
Happy Thanksgiving from FMLA Insights!
This Thanksgiving, I have much to be thankful for: a wonderful family and friends, a great job, good health, loyal readers. The economy of 2011 and beyond continues to be challenging for employers, but there still is much to be thankful for on
this special holiday.
For those employers open on Black Friday, may your FMLA headaches be scarce, and for those with
Manager’s Loose Lips Sinks Employer’s Chances of Dismissing FMLA Claim
When making difficult decisions about eliminating jobs, senior management surely may disagree as to “who” is cut and how it’s done. However, after the decision is made, it is critical that management collectively support the decision and refrain from public dissension. When that dissension is shared publicly or with the affected employee, it can spell
Calculating FMLA Leave for Holidays, Breaks and Plant Shut Downs
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Tis the season already, as I am starting to receive telephone calls from employers with questions about how they calculate an employee’s FMLA leave during a holiday week or when the employer is closed for a period of time (e.g., winter break for schools, plant shut down). As we prepare for the holidays,