Tag Archives: Sick Leave

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

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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