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,
How Does the Fall of DOMA Impact the FMLA and Other Employee Benefits?
Unless you’ve been securely wedged under a rock over the past 24 hours, you know that the U.S. Supreme Court has declared unconstitutional the Defense of Marriage Act (DOMA), which had established a federal definition of marriage as a legal union only between one man and one woman.
Yesterday, as Justice Anthony Kennedy read
How Can Congress Improve the FMLA? Let’s Count the Ways…
Over the past month, as we recognized the 20th Anniversary of the Family and Medical Leave Act, advocates for employees and employers have been clamoring for changes to the Act.
On one hand, employee advocates are calling for a broad expansion of the FMLA that would allow for paid leave or broader coverage (e.g.
Can Brent Musburger Take a Leave of Absence from ESPN for Work-Induced Stress?
Feel free to call me out for shamelessly piling on veteran broadcaster Brent Musburger. But by now, you know that issues arising under the Family and Medical Leave Act are part of the American fabric as much as baseball and apple pie, right? Well, at least on this blog it is.
For those of
FMLA Leave for Same-Sex Couples to be Clarified by Supreme Court’s DOMA Decision?
This past Friday, the United States Supreme Court announced that it would consider whether the Defense of Marriage Act (DOMA) unlawfully denies benefits to gay and lesbian couples who are married in states that allow such unions. A Supreme Court decision nullifying DOMA could have wide ranging impacts, including how the Family and Medical Leave
Hurricane Sandy and the FMLA (Part II): How Do Employers Calculate FMLA Leave When the Workplace Closes Because of the Storm?
Thanks for the great feedback we received on our post earlier this week about Hurricane Sandy’s impact on employers when it comes to issues arising under the Family and Medical Leave Act. In your feedback, I received several requests to address the following question:
If an employer shuts down because of damage related to the
Using “Rolling” Method to Calculate FMLA Leave Almost Always the Best Choice for Employers
There are a number of discussions happening lately about updating handbook provisions and social media policies to ward off a suddenly over-zealous National Labor Relations Board. And this advice certainly is well taken.
As you review and revise these policies, consider also taking a look at your FMLA policy, and specifically, how you calculate your