Category Archives: Medical & Other Leaves

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Can Employer Who Has Granted Employee’s FMLA Request Dispute Employee’s FMLA Eligibility?

An employee sends an email to her manager requesting FMLA leave to care for her father “while he deals with issues surrounding his terminally ill brother.”  The supervisor writes back, “Approved,” and the employee takes leave.  Neither the FMLA nor the employer’s FMLA policy allows leave to care for a terminally ill uncle.  Based on the employee’s absence, the employer … Continue Reading

An Ounce of Prevention: Employers Should Take Precautions Now to Prepare for the 2013 Hurricane Season

In the wake of Hurricane Sandy last Fall and the recent tornadoes in Oklahoma, forecasters are predicting an aggressive 2013 hurricane season, which started on June 1st.  Employers should take time before the storm hits to review and update workplace pay and leave policies:

Fair Labor Standards Act (“FLSA”)

The most frequent issues that arise from hurricanes and other natural … Continue Reading

Latest Developments Under the FMLA

There is some very interesting news in the world of the Family and Medical Leave Act (FMLA)!  The Family and Medical Leave Act is a federal law enacted by President Clinton that entitles eligible employees of covered employers to take unpaid, job-protected leave for specified reasons with continuation of group health insurance coverage under the same terms and conditions as … Continue Reading

DOL Expands FMLA Eligibility to Families of Eligible Veterans and Military Families

Military family leave, enacted in 2009, provides for two forms of Family Medical Leave Act (FMLA) leave benefits related to military service: Qualifying Exigency and Military Caregiver Leave.  On February 5, 2013, on the twentieth anniversary of the FMLA, the U.S. Department of Labor (DOL) issued a Final Rule expanding FMLA protections. One of the expansions provides families of eligible … Continue Reading

Miscalculating Eligibility for FMLA Leave Can Be A Costly Mistake

Telling employees that they’re eligible for leave under the Family and Medical Leave Act when they’re not can be a costly mistake for an employer. That’s the message behind a recent Pennsylvania decision. In Medley v. Montgomery County, (E.D. Pa.) No 2:12-cv-01995, a nursing assistant worked fewer than  the 1250 hours required to be eligible for FMLA leave. However,  … Continue Reading

DOL Issues Notice of Rulemaking to Implement FMLA Amendments

On January 30, 2012, Secretary of Labor Hilda L. Solis announced that the U.S. Department of Labor is issuing a notice of proposed rulemaking to implement new statutory amendments to the Family and Medical Leave Act that would expand military family leave provisions and incorporate a special eligibility provision for airline flight crew employees.

The National Defense Authorization Act for … Continue Reading

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