I don’t encounter many employers that don’t have some type of issue with employee leave–especially when an employee may be eligible for more than one type of leave (e.g. FMLA, ADA, workers’ comp). Then there’s the possibility of retaliation claims. You may have thought that only applied to discrimination claims. Guess what? It also applies […]
There’s No FMLA Leave Time for Care for an Aunt or Grandparent… Or Is There???
The FMLA allows up to 12 weeks of unpaid leave to take care of family members with serious medical conditions. Most of us know that already. “Family members” under the FMLA include parents, children, and spouses. You probably knew that, too. It therefore follows that you can’t get time off under the FMLA to take […]
What Happens When the FMLA and the ADA Meet?
I have previously written about eligibility for time off under the Family Medical Leave Act (FMLA). I have also talked about the Americans with Disabilities Act (too many times to mention here). Many of you may have dealt with each law separately. A number of you may, to your surprise, have found yourselves dealing with both […]
How Obergefell v Hodges Impacts Employee Leave Laws
Last week at The EmpLAWyerologist, we took our first look at Obergefell v Hodges, the Supreme Court’s ruling that the Constitution requires recognition of same-sex marriages. Specifically we looked at its impact on employee benefits (Click here if you missed that post.) Obergefell affects other employment-related issues though. This week, we will focus on how Obergefell […]
How Do You Reconcile FMLA, ADA and Collective Bargaining Requirements??
Last week on The EmpLAWyerologist, we got a glimpse of when a Collective Bargaining Agreement may “trump” the FMLA’s provisions as to amount of leave time, eligibility, certification and similar issues. Click here if you missed it or would like to review. Those issues primarily centered around the rights of the employee taking leave. But […]