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FMLA Law News Update May 15, 2012

fmlalaw — Tue, 15 May 2012 20:21:43 +0000

подаръциикона за подаръкToo Often, A New Baby Brings Big Debt
The Nation.
“I’ma victim of FMLA because it didn’t help my family,” she concluded. Many new mothers in this country are like Underwood: working women who give birth without guaranteed time to recuperate and care for their babies. Those who take unpaid leave often …

Maternity Leave Basics: Canada Vs. The U.S.
San Francisco Chronicle
The federal Family and Medical Leave Act (FMLA) signed into law in 1993 requires employers to provide up to 12 weeks of unpaid leave for several medical conditions, as well as the birth of a baby. If the mother has pre-birth complications, …

Texas gets a D- when it comes to protecting parents in the workplace
Houston Chronicle (blog)
Some states, such as California and New Jersey, have enacted state laws that expand on the FMLA. These laws allow families paid family leave insurance programs to provide income for up to six weeks after the birth of a child among other benefits.

Labor: 3 FMLA traps for employers that don’t dig below the surface
Knowing what follow-up questions to ask is essential to ensure compliance.
www.insidecounsel.com/…/labor-3-fmla-traps-for-employers-t…

FMLA Law News Update Jan. 10, 2012 JOHNSON v. DEPARTMENTS OF ARMY AND AIR FORCE Leagle.com The...
FMLA Law News Update April 18, 2012 RN claims she was terminated during maternity leave, sues Mainland...
FMLA Law News Update Jan. 5, 2012 ikoniSecond Circuit Lightens the Burden for Plaintiffs Bringing FMLA …...

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FMLA Law News Update April 23, 2012

fmlalaw — Mon, 23 Apr 2012 20:16:17 +0000

APWU Wins Important FMLA Arbitration
APWU Wins Important FMLA Arbitration. APWU Web News Article 43-2012, April 23, 2012. The APWU won an important arbitration case on April 18, when …
www.apwu.org/news/…/12-043-fmla-arbaward-120423.htm

FMLA’s One-Hour Increment Rule Comes Under the Microscope
Family and Medical Leave Act (FMLA) regulations provide a one-hour increment rule that sounds good in concept but is very difficult to administer and program …
www.shrm.org/…/ManagementAttorneyFMLAincrement.aspx

Unions win FMLA forms case – FederalSoup.com
everyone should beable to use Unions FMLA forms soon.http://www.apwu.org/ news/webart/2012/12-043-fmla-arbaward-120423.htm…
federalsoup.federaldaily.com/forum_posts.asp?TID…
Terminating Employee / FMLA – Employers Forum

Terminating Employee / FMLA FMLA / ADA / Workers’ Comp.
www.hrlaws.com/forum/showthread.php?t=67510&goto…

SELF-CARE RIGHT UNDER FEDERAL FMLA REDUCED IN …
The assault on state employees continues unabated. This time the blow was delivered by the U. S. Supreme Court. In a 5-4 decision issued March 20, 2012, …
www.hq-law.com/…/1/…/self-care-right-under-federal-fmla.ht…

FMLA Law News Update April 20, 2012 News flash: Employers can require workers to show up Hr...
FMLA Law News Update April 18, 2012 RN claims she was terminated during maternity leave, sues Mainland...
FMLA Law News Update March 27, 2012 Part of FMLA voided by the Supreme Court Hr Morning...

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FMLA Law News Update April 20, 2012

fmlalaw — Fri, 20 Apr 2012 20:53:34 +0000

News flash: Employers can require workers to show up
Hr Morning
Unplanned absences for things like FMLA, jury duty and bereavement didn’t count towards the limit. Oh, and one more thing: Each absence, however long, counted as only one occurrence. Which box do I check to ‘opt out’? Samper, who suffered from …

DOL Extends Comment Period for Proposed FMLA … – JD Supra
On February 15, the Department of Labor published proposed regulations to the Family and Medical…
www.jdsupra.com/post/documentViewer.aspx?fid…6285…

FMLA Developments
The U.S. Department of Labor (DOL) announced in the Feb. 16 Federal Register that it has extended the deadline for comments on the most recent proposed …
www.shrm.org/Advocacy/…Newsletter/Pages/041912_2.aspx

Do Individual Supervisors Have Personal Exposure For FMLA …
Don’t be surprised if individual supervisors start to appear more often as defendants in Family Medical Leave Act (“FMLA”) lawsuits. Because of a recent …
www.ruppbaase.com/…/article:do-individual-supervisors-have…

FMLA Law News Update April 18, 2012 RN claims she was terminated during maternity leave, sues Mainland...
FMLA Law News Update February 24, 2012 Here’s the Skinny on the Proposed “Military” FMLA Regs JD...
FMLA Law News Update Feb. 29, 2012 5 Tips to Curb FMLA Abuse HR.BLR.com FMLA abuse is...

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FMLA Law News Update April 18, 2012

fmlalaw — Wed, 18 Apr 2012 15:42:00 +0000

RN claims she was terminated during maternity leave, sues Mainland Medical
Southeast Texas Record
According to the lawsuit, Mainland Medical Center terminated DelBello for being “inactive,” although she received FMLA clearance to deliver her baby daughter. DelBello, who had worked as a registered nurse at the facility since 2008, …

Employer did not violate FMLA, workers comp laws in firing injured …
DENVER— An employer did not violate the Family and Medical Leave Act or workers compensation laws when it fired an injured employee who was out on …

DOL Extends Comment Period for Proposed FMLA Rule : Workplace …
On February 15, the Department of Labor (DOL) published a Notice of Proposed Rulemaking (NPRM) to implement statutory amendments to the Family and …
www.workplacefyi.com/…/dol-extends-comment-period-for-p…

Aflac settles for $17000 with employee after FMLA violation | Denver …
Many employees in Colorado are probably familiar with Aflac, the supplemental insurance company with commercials featuri.
www.denveremploymentblog.com/…/aflac-settles-for-17000-…

FMLA Law News Update Jan. 6, 2012 LEE v. U.S. STEEL CORPORATION Leagle.com … for a reasonable...
FMLA Law News Update Jan. 10, 2012 JOHNSON v. DEPARTMENTS OF ARMY AND AIR FORCE Leagle.com The...
FMLA Law News Update Feb. 2, 2012 СВЕТИ ГЕОРГИProposed Changes to Expand Coverage for Military FMLA Human...

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FMLA Law News Update March 27, 2012

fmlalaw — Tue, 27 Mar 2012 19:34:47 +0000

Part of FMLA voided by the Supreme Court
Hr Morning
And now they’re saying state agencies and stage colleges are exempt – or at least they can’t be sued for ignoring that part of the FMLA. Here’s what happened: Daniel Coleman worked for the Maryland Court of Appeals. By all accounts, he was a good …

Public Employee Can’t Sue For Monetary Relief In FMLA Self-Care Cases
Mondaq News Alerts (registration)
20, 2012), a divided US Supreme Court ruled that states may not be sued for monetary damages by their employees for federal Family and Medical Leave Act (FMLA) violations where an employee’s FMLA claim is based on FMLA leave to deal with the employee’s …

FMLA and State Employers | Nolo’s Employment Law Blog
By Lisa Guerin
Last week, the Supreme Court decided a case involving a state employee who sued for violation of the Family and Medical Leave Act (FMLA), Coleman v. Court of Appeals of Maryland. The arguments in the case were about federalism: how …

FMLA Law News Update March 1, 2012 ХудожникFMLA: Flare-ups every Friday? Check it out Business Management Daily...
FMLA Law News Update Feb. 2, 2012 СВЕТИ ГЕОРГИProposed Changes to Expand Coverage for Military FMLA Human...
FMLA Law News Update Jan. 6, 2012 LEE v. U.S. STEEL CORPORATION Leagle.com … for a reasonable...

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FMLA Law News Update March 1, 2012

fmlalaw — Thu, 01 Mar 2012 19:49:41 +0000

ХудожникFMLA: Flare-ups every Friday? Check it out
Business Management Daily
by The HR Specialist: Employment Law on February 29, 2012 4:00pm While employees with chronic medical conditions are typically entitled to FMLA leave, such intermittent absences are fertile ground for abuse. After all, an employee on intermittent leave …

Chef Has a Bone to Pick With Hyatt
Courthouse News Service
However, “Even though Nissen verbally granted Roby’s request for a reduced FMLA leave schedule, Roby’s superiors strongly discouraged him from working that reduced schedule. For example, Roby’s superiors withheld the personnel assistance Roby required …

DOL proposes new FMLA rules
Lexology (registration)
The US Department of Labor (DOL) has announced that it is proposing new regulations implementing the changes to the Family Medical Leave Act (FMLA) made by the 2010 National Defense Authorization Act ( Military Leave Amendments) and the 2009 Airline …

FMLA Law News Update Jan. 6, 2012 LEE v. U.S. STEEL CORPORATION Leagle.com … for a reasonable...
FMLA Law News Update February 24, 2012 Here’s the Skinny on the Proposed “Military” FMLA Regs JD...
FMLA Law News Update Jan. 10, 2012 JOHNSON v. DEPARTMENTS OF ARMY AND AIR FORCE Leagle.com The...

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FMLA Law News Update Feb. 29, 2012

fmlalaw — Wed, 29 Feb 2012 17:41:13 +0000

5 Tips to Curb FMLA Abuse
HR.BLR.com
FMLA abuse is a concern for any employer upholding their obligations under the FMLA. We all want to know how to stop abuse before it starts. In a BLR webinar titled “California: Stop FMLA/CFRA Abuse: 10 Ways Employers Are Combating Chronic Call-Ins and …

ALM’s Law Journal Press Publishes New Book Offering Legal Guidance on Family …
GlobeNewsWire (press release)
The Family and Medical Leave Act (FMLA) is widely regarded as one of the most significant pieces of labor legislation in the past 20 years. As a result of the controversial legislation, unpaid leaves of absence for medical reasons, childbirth or to …

SISK v. PICTURE PEOPLE, INC.
Leagle.com
Also on June 7, Andrea Buffkin, a benefits coordinator for Picture People, sent Sisk a certified letter explaining FMLA, placing her on unpaid FMLA leave retroactive to June 3, and authorizing up to 12 weeks of leave with proper medical certification.

Redefining “Eligible Employee” under the FMLA
Read commentary in the field of labor & employment law.
www.lexisnexis.com/…/redefining-quot-eligible-employee-qu…

Employee Terminated Before Becoming Eligible for FMLA Leave …
Does the Family and Medical Leave Act (FMLA) protect a request for FMLA leave by an employee who is not yet eligible? This question recently was considered …
www.poynerspruill.com/…/EmployeeTerminatedBeforeBecom…

Individual Liability for Supervisors under the FMLA, Says the Third …
The United States District Court for the District of New Jersey held, inter alia, that although the FMLA permits individual liability against supervisors at a public …
www.proskauer.com/…/individual-liability-for-supervisors-un…

FMLA Law News Update Feb. 2, 2012 СВЕТИ ГЕОРГИProposed Changes to Expand Coverage for Military FMLA Human...
FMLA Law News Update Jan. 6, 2012 LEE v. U.S. STEEL CORPORATION Leagle.com … for a reasonable...
FMLA Law News Update February 24, 2012 Here’s the Skinny on the Proposed “Military” FMLA Regs JD...

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FMLA Law News Update February 24, 2012

fmlalaw — Fri, 24 Feb 2012 20:47:16 +0000

Here’s the Skinny on the Proposed “Military” FMLA Regs
JD Supra (press release)
It seems like we just got new FMLA regs. Why are the rules changing yet again? Write your congressman. If you recall, the FMLA was enacted in 1993, and the original regulations were issued in 1995. We lived with those regs a very long time, …

Around the Blawgosphere: A Stephen Colbert Hypo; Bloggers Pay Last Respects to …
ABA Journal
By Sarah Randag Chicago lawyer Jeff Nowak used Stephen Colbert’s recent absence from taping his Comedy Central program, The Colbert Report, to explain “a little-used, often forgotten rule under the Family and Medical Leave Act” at his blog, FMLA …

LOGALBO v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION
Leagle.com
The issue is whether claimant committed misconduct because of “excessive unauthorized absenteeism,” and whether claimant attempted to comply with the employer’s directives to supply documentation in accordance with the Family Medical Leave Act (FMLA).

DOL proposed rulemaking expands FMLA regulations to implement new statutory …
Lexology (registration)
The proposed regulations are designed to implement recent statutory amendments to FMLA. The Notice of Proposed Rulemaking has not yet been published in the Federal Register, but following its publication, employers will have 60 days to comment.

Employers Responsibilities under FMLA :: New York Employment …
Employers Responsibilities under FMLA :: New York Employment Lawyer Blog.
www.newyorkemploymentlawyerblog.com/…/employers_resp…

DOL Releases Updated FMLA Forms – But Do They Comply with the …
The U.S. Department of Labor (DOL) recently released updated Family and Medical Leave Act (FMLA) certification forms. These updated forms replace the …
www.natlawreview.com/…/dol-releases-updated-fmla-forms-d…

Stopping FMLA Abuse – HR Blog | Optimum Solutions
Do not allow employees to abuse FMLA time. Read six helpful tips from Optimum Solutions about how to prevent FMLA abuse.
www.optimum-solutions.com/hris-news/minimize-fmla-abuse

FMLA Law News Update Jan. 6, 2012 LEE v. U.S. STEEL CORPORATION Leagle.com … for a reasonable...
FMLA Law News Update Feb. 2, 2012 СВЕТИ ГЕОРГИProposed Changes to Expand Coverage for Military FMLA Human...
FMLA Law News Update Jan. 10, 2012 JOHNSON v. DEPARTMENTS OF ARMY AND AIR FORCE Leagle.com The...

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FMLA Law News Update Feb. 2, 2012

fmlalaw — Thu, 02 Feb 2012 04:26:23 +0000

СВЕТИ ГЕОРГИProposed Changes to Expand Coverage for Military FMLA
Human Resources Journal
The US Department of Labor (DOL) recently announced proposed changes to military FMLA (Family Medical and Leave Act). The DOL issued a notice of proposed rulemaking that would expand family leave for those in the military, as well as instigate a …

Sick Time – Who Pays?
Boston.com
“The practice of requiring a doctor’s note as a condition of taking a sick day may violate the Family and Medical Leave Act (FMLA). Any sick days that you take will trigger protection under FMLA if the time off in question is needed because of a …

New FMLA Proposal for Military Caregivers
Examiner.com
Current the Family Medical Leave Act (FMLA) has 2 parts: 1) qualifying exigency leave under which eligible employees may take up to 12 weeks of FMLA leave for reasons related to the call to active duty of covered service member spouses, children, …

Back wages recovered for former Washington Beef employee
KIMA CBS 29
The investigation determined that the company failed to designate the employee’s leave as FMLA-qualifying and did not reinstate the employee to the same or an equivalent position upon return to work, as required by the FMLA. The employee worked on the …

HAYBARGER v. LAWRENCE COUNTY ADULT PROBATION AND PAROLE
Leagle.com
Debra Haybarger appeals the District Court’s decision granting summary judgment to William Mancino on her claim under the Family and Medical Leave Act (“FMLA”), 29 USC § 2601 et seq. Haybarger contends that the District Court erred in holding that, …

FMLA Law News Update Jan. 10, 2012 JOHNSON v. DEPARTMENTS OF ARMY AND AIR FORCE Leagle.com The...
FMLA Law News Update January 11, 2012 ИконописFMLA: How Serious Is It, and What Does the Law...
FMLA Law News Update Jan. 6, 2012 LEE v. U.S. STEEL CORPORATION Leagle.com … for a reasonable...

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FMLA Law News Update January 11, 2012

fmlalaw — Wed, 11 Jan 2012 17:57:02 +0000

ИконописFMLA: How Serious Is It, and What Does the Law Say?
FedSmith.com
Just when you think you can speak FMLA-ese, and you believe you have a strong working knowledge of the requirements under the Act, a request for FMLA leave can send you back to the drawing boards. Be careful that you do not make too hasty of a decision …
FedSmith.com

PEREDA v. BROOKDALE SENIOR LIVING COMMUNITIES, INC.
Leagle.com
The district court held that because Pereda was not an eligible employee at the time she was terminated, she could not bring either claim under the FMLA. This appeal presents an issue of first impression for this Circuit: whether the FMLA protects a …

COBRA Complications Confuse HR
HR.BLR.com
A: Taking FMLA leave is not necessarily a qualifying event to trigger COBRA’s notice requirements. A qualifying event occurs only if 3 conditions are met: The employee (or spouse or dependent) is covered on the day before the first day of FMLA leave …

FMLA Law News Update Jan. 5, 2012 ikoniSecond Circuit Lightens the Burden for Plaintiffs Bringing FMLA …...
FMLA Law News Update Jan. 6, 2012 LEE v. U.S. STEEL CORPORATION Leagle.com … for a reasonable...
FMLA Law News Update Jan. 10, 2012 JOHNSON v. DEPARTMENTS OF ARMY AND AIR FORCE Leagle.com The...

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