Health & Welfare

Employees Need Not Expressly Request FMLA Leave

The United States District Court for the District of Maine, in Waterman v. Paul G. White Interior Solutions, has ruled that a terminated employee may continue his Family and Medical Leave Act ("FMLA") retaliation claim even though he did not expressly request leave under the statute.

DOL Says FMLA Leave Runs Concurrently with Paid Leave

The U.S. Department of Labor ("DOL") has issued Opinion Letter FMLA2019-3-A, which confirms that the terms of a leave policy provided under a collective bargaining agreement ("CBA") cannot supersede the requirements of the Family and Medical Leave Act ("FMLA"), even if the CBA is more generous. FMLA2019-3-A reinforces guidance the DOL provided in a previous opinion letter (i.e., DOL FMLA2019-1-A, ...

Attending Children's Special Education Meetings Covered by FMLA

The U.S. Department of Labor ("DOL") has released Opinion Letter FMLA 2019-2-A confirming that an employee may take leave under the Family Medical Leave Act of 1993 ("FMLA") to attend special education meetings called "Individualized Education Programs" ("IEPs") for children with serious health conditions.

Requirements for Requesting FMLA Leave Cannot Be More Onerous than for Requesting Non-FMLA Leave

The United States District Court for the Southern District of Alabama, in Moore v. GPS Hospitality Partners IV, LLC, etc., has ruled that an employer's notice and procedural rules for requesting FMLA leave violated the law because it placed additional burdens on employees seeking FMLA leave. Law. Employees who take FMLA leave may be required to comply with the employer's usual and customary ...

Court Finds an Employee's Vacation While On FMLA Leave is Acceptable

The Massachusetts Supreme Judicial Court ("SJC"), in DaPrato v. Mass. Water Resources Authority, has affirmed a jury's finding that an employee was wrongfully terminated for taking a vacation to Mexico during a period of Family and Medical Leave Act ("FMLA") leave. In doing so, the SJC also upheld the trial court's decision to award the employee liquidated damages under the FMLA.

Massachusetts Delays the Start of Paid Family and Medical Leave Program by Three Months

Delayed Contribution Date: On Friday, June 14, 2019. the Commonwealth of Massachusetts has delayed Paid Family and Medical Leave (PFML) contributions from employers and employees.  The new start date for required PFML contributions is October 1, 2019.  On October 1, 2019 employers are required to begin withholding PFML contributions from employee qualifying earnings.  Extended Notice Requirement: ...

Guidance on When Employers Can Prorate Bonuses of Employees on FMLA Leave

The Second Circuit Court of Appeals, in Clemens v. Moody's Analytics, Inc., has held that an employer did not unlawfully interfere with an employee's rights under the Family and Medical Leave Act ("FMLA") when it prorated his bonus based on his FMLA leave-related absences. Law. FMLA regulations entitle employees to "unconditional pay increases" that occur during FMLA leave, including cost of ...