Tag Archives: leaves of absence

Unlimited Vacation Time from Work: Dream, Reality or Just a Myth?

Ver la versión en español aquí Last month, I wrote a post about one company’s new “Mail on Holiday” program where emails are automatically deleted during an employee’s vacation. What if, in combination with such a program, an employee could have unlimited vacation time? For most employees, it’s a dream. But if you work for … Continue Reading

BACK BY POPULAR DEMAND! “New Claim on the Horizon: Family Responsibilities Discrimination” Seminar

Ver la versión en español aquí As promised in a previous post, if you were unable to attend the annual seminar in May or attended but need a quick refresher, a few of our most popular sessions are back for encore presentations at our Miami office. Our first session, “New Claim on the Horizon: Family Responsibilities … Continue Reading

FMLA UPDATE: Proposed Revision to Definition of “Spouse” to Include Same-Sex Spouses, Regardless of Where They Live

On June 20, 2014, the Department of Labor (“DOL”) announced its proposal to change the FMLA’s definition of “spouse”. According to the DOL, the purpose of the proposed change is to “ensure that same-sex couples who have legally married will have consistent FMLA rights regardless of where they live.” Under the current FMLA regulations, employees … Continue Reading

Takeaway Lessons from One Employer’s Loss on FMLA Retaliation Claim

Ver la versión en español aquí The City of Hot Springs, Arkansas, found itself in hot water after not rehiring employee Wayne Jackson following his leave under the Family and Medical Leave Act (FMLA). Jackson had surgery and went on leave in January 2010. After using his 9 weeks of sick leave, he took 12 … Continue Reading

Flexible Workplace: What’s in a Name?

Many companies tout themselves as a “flexible workplace.” But what exactly does that mean? Does the company permit employees to have a regular telecommuting schedule or just work from home occasionally? Does the company offer modified start and stop times or compressed workweeks? All of these options and more can be components of a flexible … Continue Reading

Employers Left in Flux Over FMLA Obligations After Supreme Court’s United States v. Windsor Decision

On June 26, 2013, the United States Supreme Court in United States v. Windsor struck down the Defense of Marriage Act (“DOMA”) which had defined “marriage” as a legal union between one man and one woman as husband and wife, and “spouse” as a person of the opposite sex who was a husband or a … Continue Reading

FMLA Update: Revised FMLA Regulations Mandate Compliance With GINA’s Confidentiality Requirements

The revised regulations for the Family and Medical Leave Act (FMLA) require that records or certifications submitted for FMLA leave that contain genetic information and family medical history are subject to the confidentiality requirements of the Genetic Information Nondiscrimination Act of 2008 (GINA).  Click here for a link to GINA’s confidentiality regulations (29 C.F.R. §1635.9). … Continue Reading

FMLA Update: Revised Regulations, a New Poster and a New Certification Form

The Department of Labor (“DOL”) published revisions to certain regulations for the Family and Medical Leave Act (FMLA), a new poster and a new certification form.  The following highlight key issues for employers with regard to the revisions. New FMLA Poster.  The DOL revised its FMLA poster, also referred to as the “General Notice”, effective … Continue Reading

FMLA Update: Leave Available to Care for an Adult Child

The Family Medical Leave Act (“FMLA”) provides eligible employees up to 12 weeks of unpaid, job-protected leave to care for a “son or daughter” with a serious health condition.  According to the regulations implementing the FMLA, “son or daughter” includes a minor child and a child “who is 18 years or older and incapable of … Continue Reading

Second Circuit Ruling on FMLA Eligibility Reminds Employers to Keep Accurate Time Records

In Donnelly v. Greenburgh Central School District No. 7, the Court of Appeals for the Second Circuit recently highlighted the importance of keeping accurate time records for employees to determine Family Medical Leave Act (“FMLA”) eligibility.  To be eligible for leave under the FMLA, an employee must work “at least 1,250 hours of service…during the … Continue Reading

Federal Appellate Court Holds That FMLA Protects A Pre-Eligibility Request for Post-Eligibility Leave

The federal appellate court that covers Florida, the Eleventh Circuit, recently decided what lawyers call a case a first impression – a legal issue that has not been previously ruled on by the court.  The case is Pereda v. Brookdale Senior Living Communities, Inc., and the issue was whether an employee who is not yet … Continue Reading

Court Says Woman Who Quit Her Job is Entitled to Unemployment Benefits

A Florida appellate court, in Rivera v. Fla. Unemployment Appeals Commission and Pollo Operations, Inc., has directed Florida’s unemployment agency to give unemployment benefits to a woman who voluntarily quit her job.  The woman, Nail Rivera, worked at Pollo Tropical restaurant for nine years when she complained that an assistant manager touched her buttocks.  Ms. Rivera … Continue Reading
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