Offering Practical Guidance to Employers
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.
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…
A no-fault attendance program is the epitome of equal treatment—the employer does not judge whether an absence is for a good or bad reason and gives all employees the same number of absences.
But then the FMLA came along and guaranteed eligible employees certain time off and prohibited an employer from interfering with that…
The reminders of the FMLA challenges facing multi-state employers in complying with state leave laws are frequent and the risk grows regularly. This time, the challenge came from Connecticut. Connecticut’s Family and Medical Leave Act (CFMLA) applies to employers with 75 employees. Is that 75 employees in-state or nationwide?
In 2001, the state …
An employee goes on FMLA leave unable to work temporarily due to uncontrolled diabetes. The employee’s essential job functions include driving a forklift and working with other dangerous machinery. Many in the workplace are aware of the situation because the employee lost consciousness while working and had to be transported to the hospital by ambulance. …
