Offering Practical Guidance to Employers
On August 5, 2019, the Department of Labor (“DOL”) published proposed revisions to the Wage and Hour Division’s Family and Medical Leave Act (“FMLA”) forms with the stated goal “to increase compliance with the FMLA, improve customer service, and reduce the burden on the public by making the forms easier to understand and use.”
Many…
Employers must carefully navigate Family and Medical Leave Act (“FMLA”) pitfalls when administering attendance policies. As illustrated by the Sixth Circuit’s decision in Dyer v. Ventra Sandusky, LLC, No. 18-3802 (6th Cir. Aug. 8, 2019), one misstep can lead to potential FMLA liability.
Background
Dyer worked as a technician for automotive supplier Ventra…
Employees who take FMLA leave may be required to comply with the employer’s usual and customary notice and procedural requirements for requesting leave. If the employee does not follow these requirements, the employer may delay or deny FMLA-protected leave. But what happens if the employer’s policy has different notice requirements for FMLA leave than for…
Just hours before the constitutionally-mandated end of Oregon’s state legislative session (June 30 at midnight), the Oregon Senate voted to pass HB 2005—which will provide paid family and medical leave to eligible employees beginning January 1, 2023. HB 2005 now heads to the desk of Governor Kate Brown, who has already said she intends…
“What did I do wrong?” and “Am I doing this correctly” are frequent questions from clients regarding FMLA administration. This is the 24th blog in this series, which digs into the FMLA regulations to address discrete mis-steps that can result in legal liability.
Not properly understanding how holidays and holiday pay play into FMLA leave.…
Earlier this month, Oregon Governor Kate Brown signed Senate Bill 796 into law—after it passed 28-1 in the state Senate, and unanimously in the House—providing protected leave under the Oregon Family Leave Act (“OFLA”) for employees who miss work in connection with donating a body part, organ, or tissue.
The bill expands OFLA’s definition of…
An employee returning from FMLA leave is generally entitled to reinstatement to the same position they held prior to the leave or to a virtually identical position.
A common area of confusion is how handle pay increases or other bonuses when an employee returns from FMLA leave.
An employee returning from FMLA leave is entitled…
Late Friday, the Connecticut House passed a paid family and medical leave bill, which Governor Ned Lamont said he will sign, to provide paid leave to eligible employees and significantly expand employee eligibility and covered reasons for leave. The major practical effects of the bill, once signed, are:
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On April 23, 2019, the Connecticut Commission on Human Rights & Opportunities (CHRO) issued a Best Practices Bluepaper as guidance for employers with three or more employees facing accommodation requests from employees for pregnancy, childbirth, or related conditions.
The guidance reiterates the current obligations for employers as laid out in the 2017 amendments to the…
“What did I do wrong?” and “Am I doing this correctly” are frequent questions from clients regarding FMLA administration. This is the 22nd blog in this series, which digs into the FMLA regulations to address discrete mis-steps that can result in legal liability.
Not taking into account the interplay of the federal FMLA and…
