FMLA

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Relying on the employer’s “honest belief” that the plaintiff had engaged in fraudulent conduct, the U.S. Sixth Circuit Court of Appeals rejected the FMLA retaliation claim of an employee who had requested leave to attend the funeral of her granddaughter, when it was actually her step-granddaughter who had died. The collective bargaining agreement governing the plaintiff’s…

Oregon has amended its Family Leave Act (OFLA) to allow an eligible employee to take leave to “deal with the death of a family member” by attending the funeral (or alternative service), making arrangements, and grieving the death.  Under the OFLA, a “family member” includes a spouse, parent, child, parent-in-law, grandparent, grandchild, same-gender domestic partner…

Is a resignation a request for FMLA  leave? Of course not most would say, but it  depends on whether you ascribe to words their plain meanings.  One of the more well-known  exchanges concerning the meaning of words occurred between Humpty Dumpty and Alice in "Through the Looking Glass."

“When I use a word…‘it means just…

The proposed Family and Medical Leave Inclusion Act would allow an employee to take time off to care for an expanded list of covered relationships, including a same sex partner, a domestic partner, parent-in-law, adult child, sibling, grandchild or grandparent.  The FMLA already allows an eligible employee to take time off to care for a…

To what extent may an employer contact an employee on FMLA leave about work-related matters before that contact becomes, in effect, a denial of FMLA leave? 

"Fielding occasional calls about one’s job while on leave is a professional courtesy that does not abrogate or interfere with the exercise of an employee’s FMLA rights," according to…

On the day of her evening wedding, plaintiff called in and asked for a vacation day. When her request was denied, she said she would take an FMLA day instead. Since plaintiff had previously been approved for intermittent leave for migraine headaches, the employer approved her request.

A few weeks later, the plaintiff gave the…

For the 20th Anniversary of the FMLA, the National Partnership for Women and Families urges changes to provide more employees with more protected leave to “advance the FMLA’s promise of a family friendly America.”

The amendments proposed include adoption of a national family and medical leave insurance program, funded by employer and employee contributions, to…