Showing 31 posts in FMLA.

Illinois Requires Child Bereavement Leave

Illinois recently joined Oregon as the second state to require certain bereavement leave by passing a law requiring unpaid leave for employees who suffer the death of a child.

Effective as of July 29, 2016 the Child Bereavement and Leave Act requires employers to provide employees with up to two weeks (10 work days) of unpaid leave for attending a funeral, making arrangements necessitated by the child’s death, or grieving. The Act permits an employee to take leave for the death of a child, and “child” is broadly defined to include natural, foster, and adopted children (in addition to a few other legal categories of child). Of note is that the Act is not limited to children under the age of 18. More ›

Employee’s Inability to Meet Job’s Attendance Requirements Divests Her of ADA Protections Sixth Circuit Holds

The converging paths of the Family Medical Leave Act’s (FMLA) and the Americans with Disabilities Act (ADA) ranks among the most difficult legal issues for employers to safely traverse. Employers should think twice before terminating an employee who cannot return to work after 12 weeks of FMLA leave. This is because courts across the country have held that additional leave may be a necessary reasonable accommodation under the ADA. The question then becomes, how much additional leave does one need to provide an employee before he or she is no longer protected by the ADA. More ›

DOL Issues Updated FMLA Certification Forms

The U.S. Department of Labor recently issued updated health care provider certification forms for employers to provide employees who request leave pursuant to the Family and Medical Leave Act. More ›

11th Circuit Upholds bar on Claims by Jail Officer with Cancer

The 11th Circuit recently held that an officer at a county jail in Florida who was undergoing treatment for cancer cannot proceed with her Americans with Disabilities Act ("ADA") claim because she failed to identify a reasonable accommodation that would allow her to perform the essential functions of an available position. More ›

Applying for Other jobs kills an Employee's Stress-related Reasonable Accommodation Claim

A Southern District of Texas court recently issued an opinion which shows that an employee may take actions during a leave under the Family Medical Leave Act (FMLA) which preclude any future reasonable accommodation claim under the Americans with Disabilities Act (ADA). In Adetimehin v. Healix Infusion Therapy, Inc., the plaintiff failed to show she was disabled under the ADA because her medical provider's recommendation and her own actions negated her claim that her disability substantially limited the major life activity of working. Specifically, she had applied for other full-time jobs at the same time she was requesting an extended leave of absence as a reasonable accommodation from her employer. More ›

Eighth Circuit: Worker's Blood Pressure was not FMLA-Qualifying Condition Absent Multiple Visits or Supervised Treatment

Kendrick Johnson was at work, and he had a headache so bad he felt like his head was going “to explode.” So he left his shift and went to a walk-in clinic. There, he received a prescription for blood pressure medication and a note stating that he was to remain off work for three days. Six days later, he was out of a job. Johnson sued his employer under the Family and Medical Leave Act (FMLA), alleging that he was denied leave to which he was entitled, which raised the obvious issue of whether he even had a “serious medical condition” under the law. The Eighth Circuit Court of Appeals answered that question last week, providing essential guidance for employers.  More ›

Department of Labor: Married Same-Sex Couples have FMLA Rights Regardless of State of Residence

The U.S. Department of Labor ("DOL") recently announced its Final Rule changing the definition of "spouse" in the Family and Medical Leave Act ("FMLA") to include most same-sex married couples. The Final Rule becomes effective March 27, 2015.   More ›

Employer not Obligated to Substitute paid Disability Leave for Unpaid Leave under Wisconsin FMLA if Employee does not Qualify as Disabled Under Plan

Wisconsin's Family Medical Leave Act (WFMLA) requires that employers allow their employees six weeks of unpaid leave following "[t]he birth of an employee's natural child." Wis. Stat. §103.10(3). The Act's substitution provision requires employers to allow an employee to substitute "paid or unpaid leave of any other type provided by the employer" for the unpaid leave provided by the statute. Id. §103.10(5)(b). In Sherfel v. Nelson, the Plaintiff, Joan Sherfel, exhausted her short-term disability benefit following the birth of her child. She then requested and was provided additional leave under the WFMLA. When Ms. Sherfel asked to substitute paid short-term disability leave for the unpaid WFMLA leave her employer refused because she was no longer short-term disabled as defined by the plan.  More ›

Third Circuit Opinion Highlights Importance of Properly Designating FMLA Leave

Lisa Lupyan was an instructor at the defendant college. After showing signs of depression, her employer encouraged her to take a leave to deal with it. Lupyan met with an administrative supervisor, Sherri Hixson, on December 19, 2007, who told her to submit paperwork indicating that she was requesting “Family Medical Leave.” Hixson set Lupyan’s projected return to work date to April 1, 2008, based on Lupyan’s Certification of Health Provider. Lupyan’s FMLA rights were not discussed during this meeting although the college contends that it mailed a letter to her later that day advising her that she was on FMLA leave. Lupyan denies that she received this letter and denies that she had any knowledge that she was on FMLA leave.  More ›

Employer's "Honest Belief" Concerning Employee's Alleged Misuse of Leave Supported Termination

A benefits administrator for the county who was regularly charged with administering employment policies and procedures was involved in a vehicle accident. Thereafter, she obtained medical treatment which required additional time off and modifications to her duties upon return. Approximately seven weeks after the accident, the county asked her to submit a formal request for leave pursuant to the Family and Medical Leave Act (FMLA) in light of the time requested off. The employee did not respond, and the county accordingly notified her that her FMLA leave would commence on the date the forms had been mailed, but that final, official approval for her requested leave had not yet been given. 
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