Navigating the Interplay Between Leave Laws: A Focus on the FMLA and ADA Successfully navigating the intersection of leave laws, particularly with respect to FMLA and ADA leave, is a daunting challenge for employers, regardless of their industry. Our...
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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...
Firing After FMLA Leave Did Not Violate FMLA
The Seventh Circuit Court of Appeals, in Anderson v. Nations Lending Corporation, has ruled that an employer’s decision to terminate an employee after returning from FMLA leave did not violate the FMLA because the employee would have been terminated for job...
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...
FMLA-Eligible Employee May Be Terminated for Violating Employer’s Leave Policy
In Koch v. Thames Healthcare Group, the United States Court of Appeals for the Sixth Circuit has ruled that an employee may be terminated for violating her employer’s leave policy despite the fact that she may have been eligible for leave under the Family and Medical...
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...
The Families First Coronavirus Response Act Updated to Include Coronavirus Aid, Relief, and Economic Security Act Provisions
by Roberta Watson, Barry Salkin and Virginia Peabody This Law Alert serves as an update to the Law Alert sent out on March 19, 2020 concerning the paid leave and group health plan provisions of The Families First Coronavirus Response Act. Effective April 1, 2020, the...