Late last year, the US Department of Labor issued this fact sheet, which provides general information concerning the Family and Medical Leave Act’s (FMLA) prohibition of retaliating against an individual for exercising his or her rights or participating in matters protected under the FMLA. Last month, the DOL followed up…
Articles Posted in Family and Medical Leave
Your state’s family-leave benefits probably suck!
That according to a a new survey from The National Partnership for Women & Families. The survey compared how state-based rights and protections compare to the 12 weeks of leave for new and expecting parents provided by the federal Family and Medical Leave Act (FMLA), the protections provided by the…
4 pending bills that could change the NJ employment landscape
One of my favorite reads on NJ employment law is Ogletree Deakins’s New Jersey eAuthority. The June 2012 issue highlights several pieces of legislation now pending in NJ of which employers should take note. I’ve summarized four of them after the jump… * * * Severance yes, unemployment compensation…
That’s what he said: “Oktoberfest” & “No OT for you!”
Cool image, huh? I drawed it myself. The fact that I took the time to do that suggests that I am in no condition to blog intelligently. Plus, Pandora is on the fritz, so I am all sorts of pissy. Therefore, before I turn out the lights and lock the…
No FMLA claim for employee who mistakenly thought he was fired
Stop me if you’ve heard this one before… Employee gets bad performance review. Employee laments to HR about the pressures of work. Employee emails a company vice president requesting that he stop propagating company “propaganda”. Employee accuses another employee of “dismantling the Spanish Department” Employee attempts to mass email the…
#SCOTUS clarifies scope of FMLA coverage for employers
Yesterday, the U.S. Supreme Court in Coleman v. Court of Appeals of Md. held that state employees have no cause of action under the self-care provision (last bullet point in the hyperlink) of the Family and Medical Leave Act. In plain English, if you work for a State employer, and…
The wrong way and the right way to request FMLA certification
The Family and Medical Leave Act allows an employer to require that a employee’s request for FMLA leave be supported by a certification issued by the employee’s health care provider. An example of one of the right ways to do this, from a recent federal-court decision, follows after the jump……
Ouch, that hurts! Supervisors may be liable for FMLA violations
In this case of first impression in the Third Circuit Court of Appeals, which covers PA, NJ, DE, and USVI, the court ruled that a supervisor in a public agency may be subject to personal liability under the Family and Medical Leave Act. The court further emphasized that there is “no…
Atten-shun! Expanded military leave FMLA rules are coming…
The United States Department of Labor announced here yesterday that it is issuing proposed rules that would expand military family leave provisions under the Family and Medical Leave Act and incorporate a special eligibility provision for airline flight crew employees. Details and links after the jump… * * * The…
U.S. Department of Labor has new FLSA and FMLA fact sheets
Last month, the U.S. Department of Labor published new fact sheets on its website. Employers and employees alike will want to check these out: Here is a link to the FLSA fact sheet. This fact sheet provides general information concerning the FLSA’s prohibition of retaliating against any employee who has…