‘preemption’ ‘local leave law’ ‘Milwaukee Paid Sick Leave Ordinance’ ‘paid sick leave’
Continue Reading Wisconsin Preempts Local Family and Medical Leave Laws, Voids Milwaukee Paid Sick Leave Ordinance
Court Hangs Up on FMLA Claim of Employee Who Did Not Respond to Supervisor’s Fifteen Calls
By Jackson Lewis P.C. on
Posted in FMLA
‘care for’ ‘request for FMLA leave’ ‘duty to make further inquiry’…
Continue Reading Court Hangs Up on FMLA Claim of Employee Who Did Not Respond to Supervisor’s Fifteen Calls
Chillin’ with the FMLA: Supervisor’s Weekly Phone Calls To Employee During Leave May Have Interfered with FMLA Rights
By Jackson Lewis P.C. on
Posted in FMLA
‘FMLA interference’ ‘interference’ ‘supervisory’s phone calls’ ‘chill’…
Continue Reading Chillin’ with the FMLA: Supervisor’s Weekly Phone Calls To Employee During Leave May Have Interfered with FMLA Rights
Who Cares? And Who Merely Assists Under the FMLA?
By Jackson Lewis P.C. on
Posted in FMLA
Who cares…..for a covered family member under the FMLA as opposed to merely providing much appreciated assistance? The distinction is critical because absences “to care for” are protected by the FMLA while absences to assist are likely not.
Recall our recent post about an employee who took the day off to clean his mother’s flooded…
Breaks for Expressing Breast Milk Not FMLA Time
By Jackson Lewis P.C. on
Posted in FMLA
Buried in the voluminous Health Care Reform Act is a requirement that employers provide reasonable break times and an appropriate place for nursing mothers to express breast milk for one year after the child’s birth.
On December 21, 2010, the U.S. Department of Labor published a request for comment concerning the implementation of this requirement…
Feds Need Peripheral Vision Too When Managing Employee Leaves
By Jackson Lewis P.C. on
If it is any comfort to private sector employers, when it comes to managing an employee’s entitlement to time off under a myriad of legal requirements and internal personnel policies, the federal government, as an employer, faces similar challenges. On December 3, the Office of Personnel Management issued final regulations addressing the use of sick…
ADA, FMLA Collide at Wisbey and Carmona
By Jackson Lewis P.C. on
The ADA and FMLA collided in two cases recently and, whenever that occurs, accident reconstruction, so to speak, is in order. In Wisbey v. City of Lincoln, NE, emergency dispatcher Wisbey was granted intermittent FMLA leave for the "next 6 months or longer" because of depression and anxiety. Her FMLA paperwork prompted the…
Employee Rejects FMLA Leave Offer, Resigns, Claims Employer Denied Him Leave and Failed to Accommodate His Depression
By Jackson Lewis P.C. on
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…
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.
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…