The Department of Labor has issued a final rule that will allow an employee to take FMLA leave to care for a same-sex spouse, regardless of whether the employee lives in a state that recognizes their marital status. This rule change will impact the manner in which employers administer FMLA leave, so I’ll quickly get
Eligibility
Employer’s Poorly Drafted FMLA Policy Allows Employee to Advance FMLA Claim (That Should Have Never Seen the Light of Day)
If this story won’t cause you bring your FMLA policy up to snuff, then I’ve lost all hope.
FMLA’s Basic Premise
An employee is eligible for FMLA leave if he meets three basic criteria:
- He has been employed by a covered employer for 12 months;
- He has worked 1,250 hours worked during the 12-month period
…
Are You a Co-Employer? FMLA Joint Employer Liability Can Be Deadly
I’ve discussed far sexier topics than “joint employers” on this blog. After all, it’s not every day an employee gets drunk at a Polish festival at the very time she’s supposed to be on FMLA leave.
But even the rather mundane portions of the FMLA [ahem, is there such a thing?] require us…
Now This is a Headache! Employee Terminated for Migraine Headaches Can Advance FMLA Claim
In the cold, sadistic world that is the FMLA, the Department of Labor tells us that ordinary, run-of-the-mill headaches (a/k/a “non-migraine” headaches) are not covered by the FMLA. Migraine headaches, on the other hand, are covered. When I try to explain the difference in FMLA training sessions for employers, they often look at me like…
Does an Employer Have an Obligation to Provide Accommodations to Pregnant Employees? Don’t Follow This Employer’s Lead
Ena Wages served as a property manager for one of several apartment complexes owned by Stuart Management Corp. She began her employment on November 17, 2008, and this is significant under the FMLA because nearly one year later, on November 13, 2009, Ena’s physician restricted the number hours she could work as a result of…
FMLA FAQ: Can an Employer Force an Employee on FMLA Leave When the Employee Wants to Continue to Work?
Q: This week, one of our employees professed her love to one of her co-workers (who is married) and announced to everyone that they had been dating. The problem is — it’s not true. When questioned about it, she continued to insist that she and her colleague had been dating despite clear evidence to the…
FMLA FAQ: My Employee Took a Whole Lot of Leave Last Year. Is He Even Eligible Now for FMLA Leave?
Q: We have an exempt, managerial employee who in this past year took all 12 weeks of FMLA leave, and six additional weeks of unpaid leave. He also was intermittently absent for digestive problems to the tune of about four weeks. We’re now in a new FMLA year and he is requesting FMLA leave again.
DOL Updates Guidance on FMLA and Same-Sex Marriage
Of course, this kind of stuff happens while I’m on vacation and away from my computer. Last week, the Wall Street Journal created a bit of an uproar when it reported that the Department of Labor had just issued “regulatory guidance to affirm that same-sex married couples can take a leave from their jobs to care…
Let’s Pretend Prince William Worked in the United States. What are His Paternity Leave Rights under the FMLA?
Fess up and raise your hand. How many of you were on the edge of your edge of your seat awaiting news of William and Kate’s new arrival? I can picture you now, feverishly refreshing your Facebook and Twitter pages to catch a glimpse of the latest heir to the British throne.
As we…
FMLA FAQ: Does Temporary Employment Count Toward FMLA Eligibility?
Q: We regularly utilize temporary employees, some of whom we hire permanently. Does the time they work as a temp (through an agency) count toward the 12-month and 1,250 hour eligibility requirements?
A: An employee is eligible to take FMLA leave when, among other things, he/she has worked for the employer for 12 months (which,…