Q: One of our employees will be absent for a serious health condition. However, the employee prefers to use his accrued sick days instead of FMLA leave. He has enough sick time to cover the absence. In this situation, can the employee choose not to take FMLA leave, either because he has not specifically asked
Illinois Civil Union Partners Soon May Enjoy Greater Leave Rights Than Married Couples Under a Newly Proposed Illinois Family Medical Leave Act
Illinois currently has no equivalent of the federal Family and Medical Leave Act. Soon, it may. And unlike the FMLA, the proposed Illinois leave law would allow civil union partners the same leave entitlements currently enjoyed by married couples. Notably, because of the conflicting parameters of state and federal law, the proposed Illinois Family and
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
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,
FMLA FAQ: Can an Employer Credit Pre-FMLA Leave Against an Employee’s FMLA Entitlement When the Employee Becomes Eligible?
Q. We provide our employees “non-FMLA” leave after they have worked for us for six months. They are given up to six weeks off during that time if it can be certified by a physician. Since these employees are not eligible for FMLA leave at this point, can we credit the time they took off against their
FMLA FAQ: Is a Reinstated Employee Short on “Hours Worked” Eligible for FMLA Leave?
Q. We terminated an employee who has been reinstated by an arbitrator with full back pay. Now, he has requested FMLA leave. Are we obligated to provide leave even though he has not worked 1,250 hours in the previous 12 months?
A. When determining whether an employee has worked the requisite 1,250 hours in the
Baseball’s First Player Takes Paternity Leave
Here’s a shout out to all the dads out there who have a leg up on major league baseball players in at least one area — paternity leave.
Last week, National Public Radio reported that Texas Rangers pitcher Colby Lewis became Major League Baseball’s first player to exercise a new right under the parties’ collective bargaining
FMLA Inclusion Act Introduced in Congress . . . again
Is the fifth time the charm? On July 30, 2010, U.S. Senator Richard Durbin introduced the Family and Medical Leave Inclusion Act, which would broaden the Family and Medical Leave Act to permit leave to care for a same-sex spouse, domestic partner, parent-in-law, adult child, sibling, or grandparent who has a serious health condition. S.B. 3680
Employee Can Advance FMLA Claim Even Though Leave Not Taken
In a ruling that broadens employee protections under the Family and Medical Leave Act, a federal appellate court recently held that an employee may advance FMLA interference and retaliation claims even when the employee requested but did not take FMLA leave. Erdman v. Nationwide Insurance Company (pdf).
The Facts
In Erdman, the plaintiff requested
Employer May Raise Defense that an Employee is Ineligible for FMLA Leave Even After Leave is Given
Does an employee have the right to take FMLA leave and be restored to the same or equivalent position even though the employer does not employ 50 employees and is not covered by the FMLA? The answer may depend on the particular court hearing the case, as evidenced by a recent federal appellate court decision.