3d Cir. Finds Individual Supervisor Liable Under FMLA

Can an individual supervisor be held liable when an employee files suit? Well, like all legal questions, it depends. The Third Circuit Court of Appeals issued an opinion yesterday expanding the instances when the answer to this question is yes in Haybarger v. Lawrence County Adult Probation & Parole, No. 10-3916 (3d Cir. Jan. 31, 2012). Continue reading

3d Cir: No FMLA Protection for Employees Who Lie

The FMLA requires an employee to receive (unpaid) leave for certain family and medical reasons. Employers must provide certain notices to employees, determine employees’ eligibility for FMLA leave, and track leave time in accordance with the FMLA’s complex regulations. A recent opinion from the Third Circuit, though, makes clear that the employer isn’t the only one obligated to follow the FMLA’s many rules. Continue reading

Who’s Your Daddy? Under the FMLA, It’s a Tough Question

Maury Povich has made a good living hosting a TV show which often focuses on determining paternity. The show follows a familiar pattern. A woman comes on and declares that a man, waiting back stage, is the father of her baby. The child is then shown on the screen for the audience in the studio and at home to adore. The putative father is then marched onstage to loud boos. Continue reading

New FMLA Regulations Restrict Substitution of Paid Leave for FMLA

3d_man_sick_with_red_crossThe substitution of paid leave for unpaid FMLA leave occurs often.  A employee eligible for FMLA leave will substitute accrued vacation, sick, medical, or other similar types of paid leave so that he avoids a loss of pay during the leave.  In most circumstances, employers also benefit because, when substitution occurs, the time counts against both the employee’s FMLA and paid time off entitlements. Continue reading

So You Thought You Understood the Final FMLA Regs?

When the FMLA final regulations were promulgated in January, employers (and their lawyers) around the country got to work.  We poured over the two hundred pages of tiny print, deciphering the requirements and determining what had and had not changed.  It was a lot to review and it’s a lot to understand.  I’ve taught something around 15 seminars on the new regs since they were published and I still need to reference the regulations when presented with unusual questions or factual scenarios.

So I know it can’t be easy for employers to manage the complex ins and outs of the new law.  Well, don’t get too comfortable with the regulations–more change may be on its way.

Last month, a new bill was introduced (H.R. 2161), which, according to its sponsor, is intended to “restore the [FMLA] to its original intent and spirit.”  The bill, To Nullify Certain Regulations Promulgated Under the Family and Medical Leave Act of 1993 and Restore Prior Regulations and Direct the Secretary of Labor to Revise Certain Regulations Under that Act, would repeal some sections of the regs and modify others.  For a comprehensive review of the most important changes, jump over to The FMLA Blog.

But, for those who are more interested in the summary, here it is:  the bill would be bad for employers. The bill would eliminate the (few) changes in the latest regs that are favorable to employers.

Employer Notice Requirements Under the Final FMLA Regulations

FMLA Seminar Materials: PowerPoint Slides, Handout, and DDOL Forms

10 Most Important Changes to the FMLA Regulations