The FMLA turned 20 last week and there has been a flurry of articles and posts discussing how the FMLA has changed the workplace, whether it imposes too high of a burden on employers, and predicting how it will likely continue to evolve. All of the academic commentary aside, though, we all know that the FMLA is no easy row to hoe. The truth is that the law is a very technical one and its application must comply with very detailed technical requirements. Continue reading
Category Archives: Leaves of Absence
Party Like It’s the FMLA’s Birthday
The Family Medical Leave Act (FMLA) celebrated its 20th birthday this week. And boy, oh boy, was the DOL was ready to celebrate!
And what kind of birthday would it be without a party? Acting Secretary of Labor Harris hosted a commemoration program that featured celebrity special guests, including former President Bill Clinton, former Senator Christopher Dodd, and former labor secretary Hilda Solis, among others. The entire program, which lasts about an hour, is viewable on YouTube. Continue reading
Return-to-Work and Fitness-for-Duty Examinations Following an Employee’s Medical Leave
Yesterday, I presented a section of the FMLA Master Class. In my session, we discussed mandatory return-to-work exams done by the employer’s selected doctors. There were lots of questions on this issue as many employers continue to require return-to-work exams as a matter of course before employee can return to work after FMLA leave. In many instances, such a practice will be in violation of the ADA and the FMLA. I promised a more thorough discussion of the issue, so here it is. Continue reading
Redefining “Eligible Employee” under the FMLA
An employee does not become eligible to take FMLA leave until he or she has worked at least 1,250 hours and 12 months. But, according to the 11th Circuit, being eligible to take leave is not the same as being eligible to request leave. Employers should be mindful of the court’s recent opinion when a recently hired employee submits a request for FMLA. Continue reading
(FMLA) Form Over Function
New FMLA forms appear to be around the corner. In 2008, the U.S. Department of Labor issued a set of forms, which were intended to assist employers in reviewing and granting requests for leave under the Family Medical Leave Act (FMLA). Updated forms have been submitted to the federal Office of Management and Budget (OMB), but have not yet been approved. Continue reading
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
Extreme Makeover: FMLA Edition
The Parental Bereavement Act is the latest in a series of proposed amendments to the Family and Medical Leave Act (FMLA). The Act, as drafted, would permit an employee to take unpaid bereavement leave for the death of a child. This is just the latest change to the FMLA proposed in the last two years. 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
Are You an Employer Covered by the FMLA?
The answer to this question is critical. If the answer is “yes,” the employer must comply with the myriad of obligations imposed by the FMLA. The answer is “yes” if the employer has 50 or more employees in 20 or more workweeks in the current or preceding calendar year.[1] Continue reading
