The Department of Labor (“DOL”) has issued Opinion Letter FMLA 2023-1-A with regards to employees who have health conditions that prevent them from working more than 40-hours per week. DOL was asked if employees may use Family and Medical Leave Act (“FMLA”) leave to...
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Family and Medical Leave Act
FMLA Rights For Employees Who Telework
The Department of Labor (“DOL”), in Field Assistance Bulletin No. 2023-1 (“FAB”), has explained how to apply the eligibility rules under the Family and Medical Leave Act (FMLA) when employees telework or work away from an employer’s facility. Law. Under the FMLA,...
Independent Review Prevents “Cat’s Paw” Liability in FMLA Retaliation Claim
The Tenth Circuit Court of Appeals, in Parker v. United Airlines, Inc., has held that the “cat’s paw” theory of liability for FMLA retaliation or interference claims does not apply if the employer conducts an independent review of the evidence when making a final...
Interaction Between FMLA and Mental Health Conditions
Interaction Between FMLA and Mental Health Conditions - Marcia Wagner, 401(k) Advisor, July/August 2022
Employer Can Interfere with FMLA Rights Without Denying FMLA Leave
The United States Court of Appeals for the Seventh Circuit, in Ziccarelli vs. Dart, has ruled that an employer need not deny FMLA leave to an employee in order to interfere with his FMLA rights. Law. The FMLA allows eligible employees to take protected leave for,...
Interaction Between FMLA and Mental Health Conditions
The Department of Labor (“DOL”) has released Fact Sheet 280 (“Fact Sheet”) and a series of FAQs with regards to the interplay between the FMLA and mental health conditions. Law. Under the FMLA, certain employers must provide eligible employees with up to 12 weeks of...
Small Employer Did Not Commit Itself to FMLA Leave Requirements
In Jones v. Wireless Time of Alabama, the U.S. District Court, Southern District of Alabama ruled that an employee was not entitled to FMLA leave despite the fact that her employer referred to the FMLA in its employee handbook. Facts. An employee who had been...
Employer’s Recertification Requirement Doesn’t Interfere with Employee’s FMLA Rights
The U.S. Court of Appeals for the Eighth Circuit, in Whittington v. Tyson Foods, Inc., has concluded that an employer may require recertification of an employee’s need for leave under the Family and Medical Leave Act (“FMLA”) without violating the law where there is a...
Update to Connecticut Paid Family Medical Leave Act
Our January 6, 2021 law alert, An Overview of New Laws Impacting Employers in 2021, indicated that the Connecticut Paid Family Medical Leave Act (PFMLA) is effective July 1, 2021. The Connecticut PFMLA website, however, indicates PFMLA deadlines and notable dates as...
An Overview of New Laws Impacting Employers in 2021
As we usher in 2021, we should be mindful of new laws impacting the employer-employee relationship. Changes include increases to state minimum wage rates, the end of mandated FFCRA leave, adjustments to state specific paid leave laws, and updates to employee...