Sometimes it is unclear whether the employee is requesting leave that might be covered by the FMLA. This is not one of those situations. In Kobus v. The College of St. Scholastica, Inc., when the plaintiff told his supervisor in November 2006 that he would need to take time off for “stress and anxiety,&rdquo
June 2010
Cleaning Mom’s Flooded Basement Is Not “Caring for” Mom Under FMLA
By Jackson Lewis P.C. on
Posted in FMLA
Cleaning mom’s flooded basement is not “caring for” mom under the FMLA, according to a Michigan federal district court. Because the three days of flood cleaning were not excused by the FMLA, the employer did not violate the FMLA by terminating plaintiff’s employment under its absence policy, according to the court.
In Lane v.
Leave as a Reasonable Accommodation Under the ADA
By Jackson Lewis P.C. on
Posted in ADA
Complying with the myriad of laws affecting medical leave continues to be a significant and growing challenge for employers. Making the decision whether and when to terminate an employee on medical leave is perhaps the most challenging, and carries significant risk. The EEOC’s recent challenges to “inflexible” leave policies–which resulted in a “record-setting” $6.2…
DOL “Interpretation” of FMLA Rules Expand Protections for Non-Traditional Families
By Francis P. Alvarez on
Posted in FMLA
The U.S. Department of Labor issued today an Administrator’s Interpretation of the FMLA Regulation defining "in loco parentis" relationships as part of the FMLA’s definition of "son" or "daughter". Is this "big news" and, if so, why?
One could always argue that individuals standing ‘in loco parentis" to a child covered under the FMLA could take FMLA leave for the birth or…
Within Range But Overweight? Not Your Typical Weight Discrimination Case
By Jackson Lewis P.C. on
Posted in Uncategorized
Some call obesity the next smoking, meaning that now that employers have had a multi-faceted attack on reducing health costs related to smoking, they will move on to obesity. The CDC reports that about 40% of U.S. adults are obese, while about 20% of adults smoke. The rate of obesity has been…
Can Wellness Programs Address Growing Obesity Risks During Pregnancy?
By Francis P. Alvarez on
Posted in Uncategorized
Citing research from the Centers for Disease Control and Prevention, on June 5, 2010, the New York Times reported that one in five women are obese when they become pregnant. The article states "obesity might be contributing to record-high rates of Caesarean section and leading to more birth defects and deaths for mothers and babies."
As well illustrated in the NYT…
Time To Revisit ADA Medical Inquiry Rules At “Loggerheads” With OSHA Policy
By Francis P. Alvarez on
Posted in ADA, Work-Related Injuries
When a law, such as the ADA, restricts an employer’s rights to take reasonable, measured steps to promote workplace safety, it ought to be re-examined. Years ago, Justice Souter observed that preventing employers from considering "risk to self," an ADA rule many disability rights advocates had sought, would have put the ADA at "loggerheads" with federal OSHA policy requiring employers to ensure the…