Family and Medical Leave

U.S. Department of Labor has a new FMLA guide and webinar

July 9, 2012 | by Eric B. Meyer

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 with the “Family and Medical Leave Act Employee Guide,” a copy of which you can download here. A related webinar, which the DOL held on June 27, includes a list of frequently asked questions. You can view it here.

Although geared towards employees, these are both nonetheless good reads for HR professionals looking to hone their FMLA chops.

Your state’s family-leave benefits probably suck!

June 15, 2012 | by Eric B. Meyer

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 Pregnancy Discrimination Act (PDA), and the right to express breast milk at work provided to some nursing mothers under the Fair Labor Standards Act (FLSA).

The report card covers all 50 states, plus the District of Columbia. No state earned an A. Only 1/3 scored a C- or higher, while more than 1/3 flat-out failed. The highest grades went to California and Connecticut, each earning an A-. Locally, New Jersey ranked near the top with a B+, while Pennsylvania scraped by with a D.

4 pending bills that could change the NJ employment landscape

June 13, 2012 | by Eric B. Meyer

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…

* * *

That’s what he said: “Oktoberfest” & “No OT for you!”

May 9, 2012 | by Eric B. Meyer

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 door at the office, how about some Slipknot — anger issues, Eric? — and “That’s what he said” after the jump…

* * *

No FMLA claim for employee who mistakenly thought he was fired

May 3, 2012 | by Eric B. Meyer

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 company.

Oh, it gets better..after the jump…

* * *

#SCOTUS clarifies scope of FMLA coverage for employers

March 21, 2012 | by Eric B. Meyer

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 you need time off work for a serious health condition that leaves you unable to perform the essential functions of your job, the FMLA does not require that your employer give you any time off.

Yesterday’s SCOTUS opinion does not affect the FMLA rights of two classes of eligible employees:

Employees of public agencies; and,

The wrong way and the right way to request FMLA certification

February 13, 2012 | by Eric B. Meyer

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

February 1, 2012 | by Eric B. Meyer

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 reason to distinguish between public agencies and private employers under the FMLA insofar as individual liability is concerned.”

Holy Schnikes!

Details after the jump…

* * *

Atten-shun! Expanded military leave FMLA rules are coming…

January 31, 2012 | by Eric B. Meyer

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…

* * *

U.S. Department of Labor has new FLSA and FMLA fact sheets

January 24, 2012 | by Eric B. Meyer

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 filed a complaint or cooperated in an investigation.