Tag: FMLA leave

May 3, 2024

An employee’s performance is measured by the amount of work done. Fair enough. The employee takes Family and Medical Leave Act (FMLA) leave. Must the metrics of performance measurement be adjusted as a result? Earlier this year, by a 2-to-1 […]

October 20, 2023

Employers with over 50 employees regularly address employees’ requests for leave under the FMLA. When the FMLA was originally enacted in 1993, the workplace looked a bit different than it does now. Most employees went to a main worksite and […]

September 12, 2023

The FMLA provides eligible employees the right to take up to 12 work weeks of job-protected leave for a qualifying reason, a DOL guidance explains. For example, an eligible employee who works 32 hours a week may use up to […]

September 14, 2022

The past few years have heightened feelings of stress and isolation for many people, and with the seemingly continuous news cycle of incidents of mass violence, mental health has taken a much-needed place in the forefront of the national conversation. […]

September 2, 2022

We’ve all heard about the Family and Medical Leave Act (FMLA) when it comes to expectant mothers or for recovery from serious physical health conditions, such as heart attacks or surgeries. The application of FMLA protection for mental health conditions […]

August 30, 2022

Once an employee requests an accommodation, their employer has a duty to engage in an “interactive process” to try to determine whether they can accommodate the disability. With that in mind, employers should take note of this recent decision from […]

August 5, 2022

Q: What happens if you go through the FMLA process — notices, medical documentation, approval — and later realize the employee isn’t eligible because they didn’t work enough hours? When employers follow the leave designation process set out by the […]

May 3, 2022

An employee demoted after taking pregnancy leave could not prove Family and Medical Leave Act (FMLA) violations because her employer was too small for coverage, but could proceed to trial on other claims, the U.S. District Court for the Southern […]

May 3, 2022

Q: Will the Family and Medical Leave Act apply to companies that operate completely online? There’s an answer to this question, but before we get there, let’s look at some context. According to the U.S. Department of Labor, the Family […]

April 26, 2022

The Family and Medical Leave Act (FMLA) prohibits an employer from interfering with an employee’s right to take medical leave. When pursuing such a claim, an employee need not allege the employer intended to deny the benefit, just that it […]

March 3, 2022

The town of Kingston didn’t violate the Family and Medical Leave Act (FMLA) or state disability discrimination laws when it decided not to reappoint an employee on FMLA leave to her position after her predetermined term expired, the U.S. 1st […]

January 4, 2022

Evidence that an employee was asked several times to work during protected leave and was discharged immediately upon his return from leave was sufficient to overcome the employer’s motion for summary judgment on interference and retaliation claims under the Family […]

December 17, 2021

In our latest installment of Ask the Expert, brought to you by the team of industry experts at HR Hero®, we look at a recent question from a subscriber regarding FMLA regulations and the coverage provided to employees who are […]

September 28, 2021

On August 6, 2021, the U.S. District Court for the District of New Jersey denied requests by both an employer and an employee to resolve a dispute over abuse of leave under the federal Family and Medical Leave Act (FMLA) […]

July 30, 2021

Does a broken toe amount to a serious health condition under the Family and Medical Leave Act (FMLA)? It depends on the circumstances. But an Ohio federal district court recently held an employee’s FMLA interference claim can go to trial […]

April 29, 2021

Yes, our parents were wrong, at least as far as the law is concerned—turns out you can be just a little bit pregnant. The Texas Court of Appeals in Corpus Christi said so in an opinion issued on February 11. […]

July 22, 2020

As employers continue to grapple with the COVID-19 pandemic, the U.S. Department of Labor (DOL) has released new guidance that attempts to answer questions related to employee pay and leave time. The guidance addresses protections and requirements of the Fair […]

October 14, 2019

Q.) An employee who is eligible for Family and Medical Leave Act (FMLA) leave has asked to use it to spend time with her father, who is in a nursing home but having difficulty settling in. He has dementia and […]

June 24, 2019

On March 14, 2019, the U.S. Department of Labor (DOL) issued a new opinion letter addressing whether an employer may delay designating paid leave as Family and Medical Leave Act (FMLA) leave. The issue often arises when employees who need […]

June 5, 2018

The Family and Medical Leave Act (FMLA) provides job-protected leave benefits. This generally means that when an employee qualifies for and takes FMLA leave, his or her job (or an equivalent) must be available to return to at the end […]