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This article series highlights the requirements for determining Family and Medical Leave Act (FMLA) eligibility. The last installment focused on the requirements that are used to determine FMLA family care, now we’ll look at determining in loco parentis status.
By Martin J. Regimbal, JD, The Kullman Firm In a recent decision, the U.S. 5th Circuit Court of Appeals (which covers Louisiana, Mississippi, and Texas) addressed an employee’s claim of retaliation under the Family and Medical Leave Act (FMLA). The employee alleged a litany of purported adverse actions, but she provided no evidence that the […]
Employers of all types and sizes should take note of a new study released by the Center for WorkLife Law at the University of California, Hastings College of the Law. The report, “Caregivers in the Workplace: Family Responsibilities Discrimination Litigation Update 2016,” identifies workplace trends that have led to rapid growth in lawsuits brought by […]
The 2016 budget bill (S.B. 6406C) signed into law on April 4 by New York Governor Andrew Cuomo includes a paid family leave program that will provide partially-paid leave to nearly every employee in the state. New York is the fourth state, following California, New Jersey and Rhode Island, to enact a paid family leave program administered as part […]
In recent series of articles, Senior Legal Editor Susan Schoenfeld outlines the Office of Federal Contract Compliance Program’s (OFCCP) proposed paid sick leave rule, its requirements, and the time frame for compliance. But what will the paid sick leave requirements really mean for government contractors? What should contractors be doing now to ensure compliance when […]
An eligible employee’s daughter has been diagnosed with cancer at age 19. The daughter’s cancer would meet the Americans with Disabilities Act’s definition of disability. Even if the daughter’s cancer goes into remission, it will continue to meet the ADA’s definition of disability because the active condition substantially limits a major life activity—normal cell growth.
By William D. Pandolph, JD, Sulloway & Hollis P.L.L.C. A New Hampshire employee’s Family and Medical Leave Act (FMLA) retaliation claim recently survived the employer’s attempt to get it thrown out before trial. The court rejected the employer’s argument that there was a lack of evidence of retaliation on its part.
By David M. Stevens, Whiteford, Taylor & Preston Employers frequently experience heartburn when employees who have recently taken leave protected by the Family and Medical Leave Act (FMLA) engage in conduct that warrants discipline or even termination. You are rightly concerned about the possibility that an employee in that situation may allege retaliation if you […]
This article series highlights the requirements for determining Family and Medical Leave Act (FMLA) eligibility. The last installment focused on caring for adult children. Employees who are eligible for FMLA leave who want to take leave to care for a child 18 years of age or older must satisfy five requirements to qualify for FMLA […]
Yesterday, we began to explore how to onboard employees while avoiding legal pitfalls. Today, we will cover a set of steps for streamlining the process.