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Showing 36 posts in FMLA.

Make Sure You Are Using the New FMLA Forms

On September 4, 2018, the Department of Labor issued new FMLA notices and certification forms.  The changes made are procedural in nature and were the result of the DOL's obligation to submit its forms to the Federal Office of Management and Budget every three years.  The prior forms expired on May 31, 2018, however, they were renewed on a temporary basis pending approval by the OMB.  Now that the approval is completed, the new forms reflect the updated expiration date of August 21, 2021.  To ensure you are using the updated forms, be sure to look for this new expiration date in the upper right-hand corner of the DOL Wage and Hour Division form.  Though the substance of the forms does not appear to have changed, employers will want to make sure they have switched to most current forms.   More ›

The Risks and Rewards of Allowing Employees to Work During FMLA Leave

The Family & Medical Leave Act ("FMLA") grants employees leave in certain enumerated situations. The Fifth Circuit Court of Appeals recently held it also allows the employee and employer to strike an agreement that the employee will perform certain duties and responsibilities during the leave and receive compensation for it without creating an actionable interference claim under the FMLA. More ›

Hinshaw E-alert on a New Employer Tax Credit for Paid FMLA

The Hinshaw employment team recently published an e-alert on a topic that should also be of interest to our blog readers. The alert describes a provision in the new tax law that provides a tax credit for employers who offer paid FMLA leave to eligible employees, along with a description of eligibility requirements. You can read the alert on the Hinshaw website.

Seventh Circuit Holds a Multi-Month Leave is Not a Reasonable Accommodation

Last week the Seventh Circuit dealt a blow to the EEOC's continued position that medical leave is a reasonable accommodation when the leave is (1) of a definite, time-limited duration; (2) re-quested in advance; and (3) likely to enable the employee to perform the essential job functions upon return. The panel rejected that position, noting it glossed over the length of the requested leave, improperly transforming the ADA into "an open-ended extension of the FMLA." More ›

EEOC Sues Illinois Employer for Refusing to Provide Disabled Employee Additional Leave

You have complied with the Family Medical Leave Act by allowing an employee with a serious medical condition 12 weeks of leave. You even provided a few additional weeks even though he has exhausted all available leave. When the employee asks for three more weeks, and you think to yourself “the company has met its legal obligations and can terminate, right?” Wrong—according to the EEOC. More ›

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 ›

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