Family and medical leave, incl. FMLA |
DOL Moving to Reverse FMLA Regulatory Reform Implemented by Bush Administration
"This week, the [DOL]'s Wage & Hour Division announced that it would soon propose requiring Family and Medical Leave Act leave to be made available in the 'smallest leave increments' used by the employer, which would abandon the one-hour increment adopted during the Bush administration." (HR Policy Association)
[Guidance Overview] Proposed FMLA Changes to Affect Leave Eligibility for Military Caregivers and Airline Crews
"Proposed regulations relating to military caregivers seek to provide job security and peace of mind to military families and caregivers tending to wounded, ill, and injured service members and veterans. While the FMLA already provided for military caregiver leave and qualifying exigency leave for family members of the National Guard and Reserves, the proposed regulations extend the exigency leave provisions to include family members of the regular U.S. Armed Forces." (Ballard Spahr LLP)
[Guidance Overview] DOL Proposes FMLA Regulatory Changes Regarding Military Family Leave and How Employers Calculate FMLA Leave
"[T]he proposed rule on calculating increments of FMLA leave is a bit unexpected and essentially seeks to revert back to pre-2009 regulations on this issue. The proposed regulations also comment on the DOL's model FMLA forms as well as an employer's obligations under the Genetic Information Non-Discrimination Act (GINA)." (FMLA Insights)
[Official Guidance] Text of Proposed DOL Regs Implementing FMLA Statutory Amendments Affecting Veterans and Family Members (PDF)
213 pages. 'This Notice . . . proposes regulations to implement amendments to the military leave provisions of the FMLA made by the National Defense Authorization Act for Fiscal Year 2010, which extends the availability of FMLA leave to family members of members of the Regular Armed Forces for qualifying exigencies arising out of the servicemember's deployment; defines those deployments covered under these provisions; and extends FMLA military caregiver leave to family members of certain veterans with serious injuries or illnesses." (U.S. Department of Labor)
[Guidance Overview] Regs Provide Details on Proposed Application of FMLA to Veterans and Family Members
"Highlights of the proposed rule include: the extension of military caregiver leave to eligible family members of recent veterans with a serious injury or illness incurred in the line of duty; a flexible, three-part definition for serious injury or illness of a veteran; the extension of military caregiver leave to cover serious injuries or illnesses for both current servicemembers and veterans that result from the aggravation during military service of a preexisting condition . . . ." (SmartHR)
[Official Guidance] DOL Announces Proposed Regs Implementing Statutory Amendments to FMLA
"The proposed language would extend the entitlement of military caregiver leave to family members of veterans for up to five years after leaving the military. At this time, the law only covers family members of 'currently serving' service members. Additionally, the proposal expands the military family leave provisions of the FMLA by extending qualifying exigency leave to employees whose family members serve in the regular armed forces. Currently, the law only covers families of National Guard members and reservists." (U.S. Department of Labor)
Administration to Release Long-Awaited Family Leave Proposal January 30
"Regulations implementing expansions to the Family and Medical Leave Act will be proposed Monday, the White House announced . . . ." (SmartHR)
Supreme Court Weighs Sick Leave for State Workers
"In many industrialized countries around the world, taking time off from work to deal with a medical issue isn't just a benefit; it's considered an entitlement, as much as an eight-hour day. But in the world's richest nation, a worker who claims that right has had to appeal to the highest court in the land. So the Supreme Court will now weigh the rights of public employees to seek justice under the Family and Medical Leave Act (FMLA)." (TheHuffingtonPost.com, Inc.)
[Guidance Overview] Employer Did Not Communicate FMLA Policy and Cannot Fire Worker, According to Court
"An employer that failed to communicate its method of calculating Family and Medical Leave Act benefits cannot terminate a worker for violating its policy, a federal appeals court has ruled." (Business Insurance)
A Quick Look at Recent and Upcoming FMLA Decisions
"Although the new FMLA regulations have been in existence for less than three years, the DOL has hinted at the possibility of further regulations in the near future. The DOL is in the process of conducting an information collection request (ICR) with respect to the FMLA." (InsideCounsel)
[Guidance Overview] Workers Not Yet Eligible for FMLA Are Protected from Interference and Retaliation, Federal Court Rules
"Accordingly, the Court found that the lower court erred when it dismissed a pregnant employee's FMLA interference and retaliation claims." (Jackson Lewis LLP)
Wage-Hour Division Investigation Results in Settlement over FMLA Violation
"Following an investigation by the DOL's Wage and Hour Division, San Antonio-based Bexar County Hospital District, doing business as University Health System, will pay $7,915 in back wages to a former employee over charges the hospital violated the FMLA by placing the worker on full-time unpaid leave." (Wolters Kluwer Law & Business / CCH)
The Supreme Court Should Reexamine Decisions That Have Made It Hard for People to Sue Their Own States
"[The case in question is concerned] with sick leave. [The plaintiff's] lawyers asked the court to consider the Family and Medical Leave Act as a whole and conclude that the law is 'an integrated response to gender discrimination.' If that's the case, men as well as women can argue that the law is constitutional." (Los Angeles Times)
[Guidance Overview] Can an Employer Deny FMLA Leave to an Employee Who Is Not Yet Eligible to Take Leave?
"So, the answer is easy enough: when assessing an employee's eligibility under the FMLA, employers should make the calculation not as of the date of the request, but as of the date the leave is to begin. If an employer terminates the employee 'in order to avoid having to accommodate that employee with rightful FMLA leave rights once that employee becomes eligible,' the employee could advance an FMLA interference claim." (Franczek Radelet P.C.)
The Positive Economic Impacts of Paid Family Leave for Families, Businesses and the Public
"To date, few studies have examined the economic effects of paid family leave as distinct from the effects of unpaid leave or no leave. As such, this is an important emerging area of research. If paid leave policies have the potential to protect women's and men's wages and long‐term earnings, and perhaps even to reduce the use of state‐ and federally‐funded public assistance, then any political or economic investment in such policies would be ? quite literally ? worth the cost." (Center for Women and Work, Rutgers, The State University of New Jersey)
Family and Medical Leave: The Basics
"Leaves of absence requirements are among the most vexing part of HR administration for most employers. The Family and Medical Leave Act (FMLA) and related state law requirements cause practical headaches and risks of litigation for the unwary. Through a four part series, we will try to demystify family and medical leave obligations and provide a practical guide for compliance." (Foster Pepper PLLC)
[Guidance Overview] Pregnant Employee Terminated Prior to Becoming Eligible for Leave Can State Causes of Action under FMLA
"Employers should be aware that an employee who announces a future need for FMLA leave prior to becoming eligible for such leave may be protected by the FMLA if it appears likely the employee would be eligible by the time the leave were to commence." (Ogletree, Deakins, Nash, Smoak & Stewart, P.C.)
Democrats Urge High Court to Uphold State Workers' Right to Sue over Medical Leave
"The high court heard oral arguments Wednesday in a case brought by a former Maryland state court worker who said he was fired in 2007 after taking 10 days off to treat hypertension and diabetes. The law requires certain employers to allow workers to take up to 12 unpaid weeks off per year to deal for qualified medical and family issues." (Capitol Hill Publishing Corp.)
[Official Guidance] DOL Fact Sheet on Protection for Individuals under the FMLA (PDF)
"This fact sheet 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." (U.S. Department of Labor)
The Effects of California's Paid Family Leave Program on Mothers' Leave-Taking and Subsequent Labor Market Outcomes
"[There is] robust evidence that the California program more than doubled the overall use of maternity leave, increasing it from around three to six or seven weeks for the typical new mother ? with particularly large growth for less advantaged groups." (National Bureau of Economic Research; paid subscription or individual purchase required to retrieve fulltext)
Should Employers Still Use DOL FMLA Forms that Expired on December 31, 2011?
"In short, employers may continue to use the DOL's FMLA forms, although consider [the suggestions in the target document] before using these standard DOL forms." (Franczek Radelet P.C.)
[Guidance Overview] Make Sure Employees Understand FMLA Calendar
"[The statute and DOL]FMLA regulations give employers several options for calculating how much leave employees are entitled to at any given time. . . . [And] one thing is certain: If you don't select a method and let employees know, the DOL says you must use the one most beneficial to the employee. That may mean doing four calculations every time an employee wants FMLA leave." (Business Management Daily)
[Guidance Overview] Invalid FMLA Certification Can Form the Basis of Employment Termination
"In order to support a valid claim of retaliation under [FMLA], an employee must demonstrate that the reason given for an adverse employment action was pretextual, and that the employee's request for or use of FMLA leave was the actual basis of the action." (Ogletree, Deakins, Nash, Smoak & Stewart PC)
[Guidance Overview] Seventh Circuit Holds Employer Not Liable Under FLSA for Employee's Off-The-Clock Work
"[T]he Seventh Circuit advanced the law by looking more closely at whether it truly was reasonable to think that the employer knew or should have known that the employee allegedly was working. . . . An employer should have a good policy on when overtime work is permitted and should discipline employees who violate that policy, while still paying them for any work performed in compliance with applicable wage laws. At the same time, employers need to be wary of putting non-exempt employees in positions where there is a substantial risk that they will perform off-the-clock work." (Ogletree Deakins)
How to Avoid Leave-Related Lawsuits
"Employers that grant generous leaves for disability or maternity can run afoul of insurance contracts for medical, disability or life coverage. Here are two tips for employers to avoid leave-related lawsuits . . . ." (Employee Benefit News)
[Guidance Overview] Can FMLA Leave Be Involuntary?
"A federal court hearing an FMLA interference case has sidestepped deciding whether it is legal for an employer to place an employee on involuntary FMLA leave." (Business Management Daily)
Counting Paid Time Off As FMLA Leave? Tell Employee You're Running Them Concurrently
"Smart employers make sure that employees understand that's how it works. That way, employees won't run out of leave and lose their jobs because they didn't realize the clock was ticking." (Business Management Daily)
Abilene, Texas, Entities Say Paid Maternity Leave Rare, but Options Are Available
"A recent Census Bureau analysis indicated 51 percent of first-time mothers in 2006-08 took paid leave, up from 37 percent in 1981-85, though most Abilene businesses and entities interviewed Monday said they use guidelines established by the Family and Medical Leave Act of 1993." (Abilene Reporter-News)
Maternity Leave and Employment Patterns of First-Time Mothers: 1961?2008 (PDF)
"The report first analyzes trends in women's work experience prior to their first birth and the factors associated with employment during pregnancy. Changes are placed in the historical context of the enactment of family-related legislation during the last quarter of the twentieth century." (U.S. Census Bureau)
How to Avoid Leave-Related Lawsuits
"1. With self-funded health plans, make sure eligibility policies that are more generous than FMLA or other federal laws are approved by the reinsurance carrier. . . . 2. Clearly communicate conversion rights and termination of coverage to employees on leave." (Employee Benefit News)
[Guidance Overview] Employee Alleging Boss Gave Him Heartburn Has No Remedy under FMLA (PDF)
"The bottom line here is that notwithstanding the limitation on recovery for harassment under the FMLA endorsed by the Seventh Circuit in Breneisen, employers should assiduously ensure thatmanagers and/or supervisors do not let their employees' proper exercise of FMLA rights become a factor in their employment actions or their interpersonal relations with their subordinates." (Gonzalez Saggio & Harlan LLP)
Half of Working Women Who Gave Birth Did Not Receive Paid Maternity Leave
"Approximately half of working women who gave birth to their first child between 2006 and 2008 did not receive any paid maternity or sick leave for their pregnancy, according to a U.S. Census report released this week." (Workforce)
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