Ver la versión en español aquí Did you watch the Democratic presidential debate on October 13, 2015? If so, you heard the candidates make many promises, among them paid family leave. True, we already have the FMLA, but it only requires unpaid leave, it only applies to employers with 50 or more employees, and it … Continue Reading
Ver la versión en español aquí Effective March 27, 2015, the FMLA’s definition of “spouse” will expand to include an FMLA-eligible employee in a lawful same-sex or common law marriage, even if the marriage is not recognized in the state in which the employee lives or works. This change will provide all legally married couples … Continue Reading
Ver la versión en español aquí How’s this for news? A.K. Verma, an engineer for the Central Public Works Department (CPWD) in India, was recently fired after last showing up for work in December 1990. Verma left work sick one morning in 1990. He requested leave and then sought an extension of his initial leave. … Continue Reading
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
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
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
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
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
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
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
