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FMLA Law News Upate July 29, 2010

fmlalaw — Thu, 29 Jul 2010 11:12:36 +0000

Highland Village Accused of Violating FMLA – Family Medical Leave Act
By Laura Fishman
A former captain with the Highland Village Fire Department has hired a Texas employment lawyer to represent him… – Family Medical Leave.
The Houston Employment Law Blog – http://houstonemploymentlawsblog.com/

Employee’s Headache No Excuse For Insubordination : FMLA Insights …
By wrp@franczek.com (Bill Pokorny)
Under the FMLA, an employer’s obligation to provide leave arises only after an employee gives notice that he or she needs FMLA leave. However, it is well-established that an employee need not explicitly mention the FMLA when requesting …
FMLA Insights – http://www.fmlainsights.com/

» FMLA vs STD Human Resource Blog
By Caitlin
I am considering foot surgery (6-8 weeks off) and I was wondering which one FMLA or Short Term Disability would work in my case? We do not employ 50 + people and we are not a government agency.I am not even sure as an employer if FMLA …
Human Resource Blog – http://www.humanresourceblog.com/

FMLA Law News Update July 21, 2010 Labor Department FMLA Guidance Signals Need For Employer Care …...
FMLA Law News Update July 10, 2010 » Return to work after taking FMLA Human Resource Blog...
FMLA Law News Update July 20, 2010 » FMLA for part-time employees Human Resource Blog By Caitlin...

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FMLA Law News Update July 28, 2010

fmlalaw — Wed, 28 Jul 2010 16:24:35 +0000

» Intermittent FMLA Human Resource Blog
By Caitlin
However, there is some doubt in our mind whether this employee even qualifies for FMLA or not. If she works 8 hours 3 days per week, that is only 1248 hours in 52 weeks. An employee must have worked 1250 hours in the past 12 months to …
Human Resource Blog – http://www.humanresourceblog.com/

Do you know? Content of FMLA medical certifications
By Jon Hyman
When an employee take an FMLA leave for his or her own serious health condition, or that of a family member, an employer may require that the employee obtain a medical certification from a health care provider to certify that the …
Ohio Employer’s Law Blog – http://ohioemploymentlaw.blogspot.com/

Labor Law Posters » Blog Archive » Federal Court emphasizes employee’s FMLA obligations
By admin
A federal appeals court ruling in favor of the employer is based on an employee’s obligations under the FMLA. The Decision In Ridings v.
Labor Law Posters – http://www.legal-aide.net/laborlawposters/

FMLA Law News Update July 13, 2010 Who Knows The California Labor Laws/fmla/worker’s Comp? By admin If...
FMLA Law News Update July 10, 2010 » Return to work after taking FMLA Human Resource Blog...
FMLA Law News Update July 1, 2010 » FMLA Refusal Human Resource Blog By Caitlin As an...

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FMLA Law News Update July 23, 2010

fmlalaw — Fri, 23 Jul 2010 11:37:22 +0000

And if you don’t qualify for FMLA?…..
By BabyCakes3
I know that I don’t qualify for FMLA either but that is because my company is too small. And for me – if I take any more time off than my company allows for regular leave (which in my case is a lousy 4 weeks!) – I lose my job. …
Toddlers: 12 – 24 Months – http://community.thebump.com/cs/ks/forums/5039437/ShowForum.aspx

WHD News Release: US Department of Labor clarifies FMLA definition …
The FMLA allows workers to take up to 12 weeks of unpaid leave during any 12-month period to care for loved ones or themselves. The 1993 law also allows employees to take time off for the adoption or the birth of a child. …
Health Checkr – http://www.healthcheckr.com/

DOL to Conduct “FMLA survery”: Is More Regulatory Change on the Horizon
By jsn@franczek.com (Jeff Nowak)
Over the past year, the DOL has sent mixed signals as to whether there will be major FMLA regulatory change later this year. However, a 2011 FMLA survey may very well forecast substantial regulatory changes next year. …
FMLA Insights – http://www.fmlainsights.com/

Using Your Handbook to Make the Most (or the least) of the Statutory Burdens on your Business
By Amy Bray
Companies with more than fifty employees are subject to the Family Medical Leave Act (FMLA), and it is essential to make sure that FMLA obligations are understood, and minimized to the extent permissible by law. …
Andersen, Tate & Carr, PC – http://andersentatecarr.wordpress.com/

FMLA News Update July 8, 2010 Appeals Court Rejects Claim For Long-Term Intermittent Leave … By...
FMLA Law News Update July 21, 2010 Labor Department FMLA Guidance Signals Need For Employer Care …...
FMLA Law News Update July 1, 2010 » FMLA Refusal Human Resource Blog By Caitlin As an...

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FMLA Law News Update July 22, 2010

fmlalaw — Thu, 22 Jul 2010 20:36:38 +0000

Wisconsin Employment & Labor Law Blog: FMLA Does Not Cover Cleaning Mom’s Flooded Basement
By Attorney Randy Enochs
The former employee, Joe Lane, had previously taken six months FMLA leave to care for his for his mom, who suffered from diabetes, high blood pressure, weight loss and arthritis. Over the four subsequent month’s Lane also took FMLA …
Wisconsin Employment & Labor Law Blog – http://milwaukeeemploymentlawyer.blogspot.com/

Although the dismissal of employee with FMLA is (Office Gossip)
By admin
Although the dismissal of employee with FMLA is tricky, you can do it. High-Risk Separation Checklist. (…)
Stopping Employee Misconduct – http://www.employeemisconduct.com/blog/

A Legal Nightmare is Waiting For Employers Who Do Not Train Their Mangers on FMLA and ADA
By admin
We get calls from all around the country from employees who want to know if their Family Medical Leave Act (FMLA) or Americans with Disabilities Act (ADA)
Tax Attorney Orange County – http://taxattorneyorangecounty.blogsml.com/

What to Say—Excessive Absenteeism, Patterning, and Intermittent FMLA Leave
By stevebruce
In his experience, says Falcone, about 3 percent to 5 percent of employees cause problems with FMLA, and that’s just a cost of doing business. “Manage the 95 percent,” he says, and sooner or later the abuse will catch up to the others. …
HR Daily Advisor – Practical… – http://hrdailyadvisor.blr.com/default.aspx

FMLA Law News Update July 15, 2010 The Massachusetts Same-Sex Marriage Rulings And The FMLA : FMLA...
FMLA Law News Update July 20, 2010 » FMLA for part-time employees Human Resource Blog By Caitlin...
FMLA Law News Update July 13, 2010 Who Knows The California Labor Laws/fmla/worker’s Comp? By admin If...

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FMLA Law News Update July 21, 2010

fmlalaw — Wed, 21 Jul 2010 04:50:28 +0000

Labor Department FMLA Guidance Signals Need For Employer Care …
By admin
The FMLA entitles an employee to 12 workweeks of leave for the birth or placement of a son or daughter, to bond with a newborn or newly placed son or daughter, or to care for a son or daughter with a serious health condition. …
Business Insurance – http://business-insurance.aqimg.com/

» Average duration of FMLA Human Resource Blog
By Caitlin
If you took the genuine average FMLA usage of all employees nationwide, it is less than 2 days of FMLA in any particular year. That is because only 58% of Americans work for an organization that is covered by FMLA, only 80% of employees …
Human Resource Blog – http://www.humanresourceblog.com/

Cleaning Up Mom’s Flooded Basement Not Protected by FMLA : FMLA …
By jsn@franczek.com (Jeff Nowak)
For employers, it pays to listen closely to the reason for which an employee requests time off, since the reason may not always be covered by the FMLA. Kind of like occasions when the employee tells you he needs time off to clean his …
FMLA Insights – http://www.fmlainsights.com/

The Leave Blog – Understanding When Your Employees Are “Eligible …
By Tamsen Leachman
Both FMLA and OFLA have a two-part test to determine when an employee becomes eligible to assert rights under the acts. In the case of FMLA, generally the employee must have worked for the company for at least 12 months, not necessarily …
Portland Human Resource Management… – http://www.portlandhrmablog.org/

FMLA Law News Update July 10, 2010 » Return to work after taking FMLA Human Resource Blog...
FMLA Law News Update July 13, 2010 Who Knows The California Labor Laws/fmla/worker’s Comp? By admin If...
FMLA Law News Update July 15, 2010 The Massachusetts Same-Sex Marriage Rulings And The FMLA : FMLA...

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FMLA Law News Update July 20, 2010

fmlalaw — Tue, 20 Jul 2010 20:00:20 +0000

» FMLA for part-time employees Human Resource Blog
By Caitlin
FMLA applies to employers with 50 or more workers within 75 states. (Several states have family leave laws that apply to smaller companies.) An employee who has been with the company for 12 months qualifies. Those 12 months need not be …
Human Resource Blog – http://www.humanresourceblog.com/

Who’s Your Daddy? Under the FMLA, It’s a Tough Question …
By William W. Bowser
Who’s Your Daddy? Under the FMLA, It’s a Tough Question :: Delaware Employment Law Blog.
Delaware Employment Law Blog – http://www.delawareemploymentlawblog.com/

Employment Law: Family Medical Leave Act (FMLA) | Business Law …
By kewell
Attorney Maurice Arcadier, oflaw firm Allen & Arcadier, of Melbourne, Florida, discusses the Employment Law legal issue of the Family Medical Leave Act.
Business Law Consortium – http://businesslawconsortium.com/

Termination Triggered by FMLA Leave Request Did Not Violate ADA …
Employees suffering from serious health conditions may be entitled to intermittent Family and Medical Leave. What happens when the medical certification …
www.employmentlawalliance.com/en/node/3228

FMLA News Update July 8, 2010 Appeals Court Rejects Claim For Long-Term Intermittent Leave … By...
FMLA Law News Update July 10, 2010 » Return to work after taking FMLA Human Resource Blog...
FMLA Law News Update July 13, 2010 Who Knows The California Labor Laws/fmla/worker’s Comp? By admin If...

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FMLA Law News Update July 15, 2010

fmlalaw — Thu, 15 Jul 2010 05:37:02 +0000

The Massachusetts Same-Sex Marriage Rulings And The FMLA : FMLA …
By wrp@franczek.com (Bill Pokorny)
The Department of Labor’s recent Administrative Interpretation regarding FMLA leave for those acting in loco parentis to a child placed the spotlight on the application of FMLA leave to same-sex couples with children. …
FMLA Insights – http://www.fmlainsights.com/

Dept. of Labor Clarifies the Definition of In Loco Parentis for …
By Miller & Falkner
Jul 13, 10 11:29 PM Dept. of Labor Clarifies the Definition of In Loco Parentis for FMLA Leave? Kentucky employment lawyers are excited about the latest Administrator’s Interpretation from the Department of Labor. …
Kentucky Employment Lawyer Blog – http://www.kentuckyemploymentlawyerblog.com/

Department of Labor broadens definition of “son or daughter” under FMLA
By admin
Caring for the child of an unmarried domestic partner will now be covered leave under the Family and Medical Leave Act (FMLA) as a result of a U.S. Department of Labor interpretation letter issued June 22, 2010 which broadens the …
Exposing & Fighting Against Global… – http://www.anti-semitism.net/

Wisconsin Employment & Labor Law Blog: Employee Who Did Not Reveal …
By Attorney Randy Enochs
Because of this the supervisor placed the College’s “Request for Family Medical Leave” form in Kobus’s mailbox at the College and told him he could apply for FMLA leave if he had a serious medical condition. In response, Kobus told the …
Wisconsin Employment & Labor Law Blog – http://milwaukeeemploymentlawyer.blogspot.com/

FMLA Law News Update July 1, 2010 » FMLA Refusal Human Resource Blog By Caitlin As an...
FMLA Law News Update June 30, 2010 Should this employee have been demoted after FMLA? | HR...
FMLA Law News Update June 25, 2010 Employment Law Checklists and Forms Sometimes, It Takes an Interpretation...

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FMLA Law News Update July 13, 2010

fmlalaw — Tue, 13 Jul 2010 04:45:54 +0000

Who Knows The California Labor Laws/fmla/worker’s Comp?
By admin
If you haven’t worked a year, you are not eligible for FMLA at your current job. The accommodation has to be reasonable, but it sounds like the shift supervisor does not understand what that means. Have you spoken with someone in HR? …
Injury Lawyer – http://injurylawyer.theinfopack.com/blog/

The Leave Blog – The Rules of Counting | Portland Human Resource …
By Tamsen Leachman
In an earlier blog, we address the FMLA’s threshold requirement for companies – that they employ at least 50 employees (within a 75-mile radius) for 20 or more workweeks in order to be covered by the FMLA. (Are You Talking to Me?). …
Portland Human Resource Management… – http://www.portlandhrmablog.org/

New York Public Personnel Law: Six-month need for intermittent …
By The Public Employment Law Press
Except perhaps in the Eighth Circuit, an employer that denied an eligible employee intermittent FMLA leave after six months – even though they have a certification stating that they needed intermittent leave for more than six months …
New York Public Personnel Law – http://publicpersonnellaw.blogspot.com/

Can you bring up an employee’s FMLA absences in a performance review?
By tjoneill
Do you think it is safe for an employer to cite FMLA-covered absences when giving a negative performance review? Read on to see how the court ruled.
The HR Cafe Daily Post – http://rapidlearninginstitute.com/

FMLA Law News Update July 10, 2010 » Return to work after taking FMLA Human Resource Blog...
FMLA Law News Update June 24, 2010 Must employers post federal workplace notices in languages other than...
FMLA News Update July 8, 2010 Appeals Court Rejects Claim For Long-Term Intermittent Leave … By...

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FMLA Law News Update July 10, 2010

fmlalaw — Fri, 09 Jul 2010 22:37:43 +0000

» Return to work after taking FMLA Human Resource Blog
By Caitlin
A Detective who generally worked 8AM – 4PM in an office with weekends off but was subject to call outs at night or during weekends and took FMLA for 3 months. During that time her slot in the Detective Division needed to be filled in …
Human Resource Blog – http://www.humanresourceblog.com/

The Federal Sector FMLA Blog: 6-Month Need for Intermittent FMLA …
By carlcbosland
Charlene Wisbey was employed by the City of Lincoln, Nebraska as an emergency dispatcher. The position required Wisbey to receive calls for emergency services and dispatch emergency service units on a regular basis.
The Federal Sector FMLA Blog – http://federalfmla.typepad.com/federal_fmla_blog/

Op-Ed: Interpreting Family by Hilda Solis | Dyke Culture in Bloom
By Editor
It’s been 17 years since Congress passed the Family and Medical Leave Act (FMLA) — groundbreaking legislation that allows parents to take unpaid time off from work to care for their children. Since then, thanks in large measure to …
Velvetpark – http://www.velvetparkmedia.com/feed

FMLA Update: The Department Of Labor Clarifies The Definition Of …
By Hunton & Williams LLP
In what has been deemed a victory for many non-traditional families, on June 22, 2010, the US Department of Labor (“DOL”) issued an opin.
Hunton Employment & Labor Law… – http://www.huntonlaborblog.com/

» Intermittent FMLA for legal guardian of legally disabled adult …
By Caitlin
A parent can take FMLA to care for a son or daughter over the age of 18 who is permanently disabled and has a serious health condition. An employee who is a legal guardian can take FMLA on the same basis as a parent — in other words, …
Human Resource Blog – http://www.humanresourceblog.com/

FMLA Law News Update July 1, 2010 » FMLA Refusal Human Resource Blog By Caitlin As an...
FMLA News Update July 8, 2010 Appeals Court Rejects Claim For Long-Term Intermittent Leave … By...
FMLA Law News Update April 1, 2010 Employment Law Checklists and Forms Ninth Circuit: Judges Must Decide...

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FMLA News Update July 8, 2010

fmlalaw — Thu, 08 Jul 2010 03:18:38 +0000

Appeals Court Rejects Claim For Long-Term Intermittent Leave …
By wrp@franczek.com (Bill Pokorny)
Managing long-term intermittent leave has long been one of the central problems for employers administering FMLA leave. Particularly problematic is the employee who presents a certification suggesting that he or she will need …
FMLA Insights – http://www.fmlainsights.com/

In The Blogs: FMLA Extended To “Non-Traditional” Families | Blue …
By Matt
According to Talk Business (citing Tod Yeslow at MWSGW), the Dept. of Labor has expanded the definition of “son” or “daughter” under the Family Medical Leave Act (FMLA) so as to include “families in the lesbian, gay, bisexual, …
Blue Hog Report: Arkansas’s Source… – http://www.bluehogreport.com/

The Americans with Disabilities Act, FMLA, and God « 10.20.09
By xty
For example, if I were sober, after one year of employment, and the only time I could make it to the only alcoholism treatment in town was during work, I could pursue ADA/FMLA intermittent leave and the company really couldn’t push back …
10.20.09 – http://ten2009.wordpress.com/

FMLA Law News Update July 1, 2010 » FMLA Refusal Human Resource Blog By Caitlin As an...
FMLA Law News Update May 27, 2010 Mojofiti — Blog — Since the employer’s denial of her...

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