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March FMLA Insights Podcast

fmlalaw — Tue, 30 Mar 2010 16:11:50 +0000

March FMLA Insights Podcast
How do you handle a leave of absence situation where you suspect the employee is fabricating the need for leave, or claims that a “vacation” is needed to help address a serious health condition, such as stress? We address these “March Madness” issues in this month’s FMLA Insights Podcast.

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FMLA case shorts

fmlalaw — Mon, 30 Jun 2008 03:13:54 +0000

Csanyi v. Regis Corporation, 2008 WL 205288 (C.A.9 (Ariz.))

Plaintiff and defendant stipulated in pretrial order that employee’s health benefits were terminated while she was on approved FMLA leave. Therefore, district court erred in finding that employee failed to prove that fact for purposes of determining whether termination of health insurance benefits constituted interference with employee’s FMLA rights.

Employer’s failure to provide employee with health insurance through end of the month after employee had paid for such benefits through the end of the month violated FMLA’s provision prohibiting interference with employee’s exercise of FMLA rights.

Breneisen v. Motorola, Inc., 512 F.3d 972 (CA 7 2008)

Employee brought claim alleging that he was not reinstated to original or similar position after returning from FMLA leave. Issue of fact existed as to whether old position and new one were equivalent and summary judgment was improperly granted.

Summary judgment was also not appropriate where issue of fact existed as to whether employee’s former position was eliminated because he took FMLA leave.

Summary judgment not appropriate on employee’s claim of discrimination and retaliation under FMLA as issue of fact existed as to whether employee’s transfer to keypad position from process analyst position was a demotion or reduction in opportunities for promotion.

Reduction in employer tuition reimbursement may constitute an adverse employment action.

Supervisor’s comment that if he had full staff he could get some work done was not materially adverse action. Receipt of lower raise was not adverse action. Supervisor’s questioning employee as to why she took FMLA leave and threatening to make employee come to work on days of absence were not adverse actions.

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FMLA Law News Update – May 12

fmlalaw — Mon, 12 May 2008 15:34:11 +0000

Employment Law Firm From Dallas Reports President Bush Signs into Law …
WiredPRNews.com (press release) – Dallas,TX,USA
This act amends the Family Medical Leave Act of 1993 (“FMLA”) by creating two new qualifying events for which an employee may take leave. …

SHRM discussion to center on FMLA updates
Saipan Tribune – Saipan,Northern Mariana Islands,Micronesia
The Thursday meeting will provide insight on the important changes and amendments Congress has proposed for FMLA. “As Human Resource professionals, …

BUSINESS LAW column: Shoddy worker treatment hard to prove
nwitimes.com – Munster,IN,USA
Others, like the FMLA, primarily afford benefits. Employment claims also can be raised under state law. A recent case involved this type of claim, …

Is It Easy Getting Parental Leave Info from Your Company?
Wall Street Journal Blogs – New York,NY,USA
Another wondered whether FMLA applied to medical residents, and someone else said that she was initially told that her bonus would be pro-rated for the time …

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FMLA news update – 3/1

fmlalaw — Sat, 01 Mar 2008 20:52:42 +0000

Feeling “Stressed Out” Insufficient Notice of Need for FMLA Leave
By carlcbosland
The court observed Indeed, “feeling stressed out”‘ is common to the workplace and hardly puts an employer on notice of a “qualifying condition” under the FMLA. Comment: To perfect the right to take FMLA leave an eligible employee…

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FMLA News Update – 2/29

fmlalaw — Fri, 29 Feb 2008 13:51:37 +0000

CalBizCentral Helps Businesses Comply With New Federal Posting …
PR Web (press release) – Ferndale,WA,USA
Changes to the federal Family and Medical Leave Act (FMLA) passed by Congress and signed into law in late January require employers to offer additional …

Proposed Revisions To FMLA Regulations: The Time To Comment Is Now
By Cal Labor Law
This month the Department of Labor issued proposed regulations pertaining to the Family and Medical Leave Act of 1993 (“FMLA”) in an attempt to reflect case law and statutory developments, as well as to clear up ambiguities that have …

FMLA Poster Insert
By Will Schendel
US Department of Labor has provided a downloadable insert for the employer-required FMLA poster, concerning the recent military-related amendments. H/T: California Employment Law.

Democrats Oppose FMLA Changes
By Lawyer(Lawyer)
Democrats on Congressional Hill are voicing opposition to the proposed changes to the FMLA implementing regulations recently announced by the US Department of Labor. Senators Chris Dodd (D-CT) and Edward Kennedy (D-MA) recently …

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FMLA news update – 2/28

fmlalaw — Thu, 28 Feb 2008 20:20:26 +0000

Most HR Pros Uneasy over Proposed FMLA Regs
By Compensation.BLR.Com Editorial Staff editorial@…
(2/27) Most HR professionals are pessimistic about the Department of Labor’s proposal to revise regulations for interpreting the Family and Medical Leave Act, according to a recent Compensation.BLR.com poll.

Comprehensive Changes to FMLA warrant the Attention of Employers
By My name(My name)
The first major update to FMLA since it’s inception in 1995, many of the changes are fairly small changes, while others warrant the attention of employers wanting to begin planning for the future. The DOL is accepting input from the …

PROPOSED FAMILY MEDICAL LEAVE ACT REGULATIONS: “ELIGIBLE EMPLOYEE”
By Labor Lawyers for Management(Labor Lawyers for Management)
Earlier this month, the Department of Labor proposed numerous changes to the regulations related to the Family Medical Leave Act (FMLA). The public is encouraged to submit comment before April 11 on the proposed regulations, …

Proposed FMLA Rule Changes Would Be Major Defeat For Workers
By postal
Editorial By Postal Worker Dan Sullivan The US Department of Labor (DOL) is proposing revised regulations governing the Family and Medical Leave Act which would give employers formidable new…

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FMLA news update – 2/27

fmlalaw — Wed, 27 Feb 2008 15:44:36 +0000

Staff member testifies before Senate committee
Inside CMU – Mount Pleasant,MI,USA
“My presence as a SHRM representative was to voice the various concerns about the current state of the FMLA that are held by human resources professionals …

SHRM Webcast Reveals FMLA Proposed Rules Are Hot HR Topic
HR Magazine – Alexandria,VA,USA
And I encourage anyone who has an interest in the FMLA regulations to provide us with feedback.” Lipnic expects a strong response to the proposed changes …

Labor Department Set To Implement Broad Changes To FMLA Regulations
Mondaq News Alerts (subscription) – London,UK
Spanning hundreds of pages, the Department of Labor’s proposed rule revisions cover a wide array of topics and have the potential to clarify the FMLA and …

Democrats Voice Opposition to Proposed FMLA Changes
By carlcbosland
Senator Dodd, the Subcommittee chairman and sponsor of the original FMLA, identified proposals allowing employers to require employers to provide medical recertification every six months and allowing employers to contact the employee’s …

New Proposed FMLA Regulations
By rnigut@sullivan-ward.com (Rush Nigut)
The Department of Labor recently released new proposed regulations concerning the Family Medical Leave Act (FMLA). Since the proposed regulations are 477 pages, it is nice that Ohio employment lawyer Jon Hyman has provided a excellent …

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FMLA news Update – 2/25

fmlalaw — Tue, 26 Feb 2008 15:24:34 +0000

Civil-rights employment laws take effect
KTVZ – Bend,OR,USA
… paid sick leave for any OFLA-qualified absence. Note that FMLA has not changed in this regard, and employers still may count this absence under that law.

Leave expansion a relief for military families
Boston Globe – United States
And now family members who are caring for a wounded soldier or who need time off in connection with their soldier’s deployment can get FMLA leave. …

FMLA after pregnancy
By Erik(Erik)
Check out these restrictions on page 2 as to whether your employer can deny FMLA: 1) You have worked for the last 12 months and at least 25 hrs for 50 weeks in those 12 months. 2) You are in the top 10% of paid in your company …

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FMLA News Update – 2/24

fmlalaw — Sun, 24 Feb 2008 16:26:26 +0000

New FMLA rights for families of military, while family …
By Higher Education
At the end of January, the president signed the National Defense Authorization Act for Fiscal Year 2008. The statute amended the FMLA to provide, among other things, up to 26 weeks of leave in a 12-month period for family members…

Taboo Subject #2 – Hillary and Barack
By cpu(cpu)
Expand the Family and Medical Leave Act (FMLA): The FMLA covers only certain employees of employers with 50 or more employees. Barack Obama will expand the FMLA to cover businesses with 25 or more employees. Barack Obama will expand the …

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FMLA news Update – 2/23

fmlalaw — Sat, 23 Feb 2008 15:48:09 +0000

One of our employees had been on maternity leave (FMLA) this year. Is there any law prohibiting the employer to lay off the employee for one year? What are the policies for this issue?
By Caitlin
It’s not clear from the question if the employee is still on FMLA leave, or not. It is also unclear how long the worker has been on FMLA leave. FMLA, the Family and Medical Leave Act of 1993, permits workers to take up to 12 weeks of …

FMLA Labor Law Posters
Watch out for misleading mail and email about changes in the FMLA and federal labor law posters.

A Family Friendly Small Business Nightmare
Acton Institute – Grand Rapids,MI,USA
Like many well-intentioned laws, the FMLA has been plagued by unintended consequences and expensive abuses, especially costly for small businesses. …

New regulations drafted for FMLA
Bizjournals.com – Charlotte,NC,USA
The FMLA entitles employees to up to 12 weeks of unpaid leave to care for an newborn child, an ill family member or their own illness. …

United States: Family and Medical Leave Act Expanded to Cover Relatives of Military Service Family Members
Mondaq News Alerts (subscription) – London,UK
L. 110-181) into law, which expands the Family and Medical Leave Act of 1993 (FMLA) to assist military members and their families. …

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