The U.S. Wage and Hour Division has released two question and answer factsheets providing information on common issues that arise when workers come down with the flu and the impact on wages and hours worked under the Fair Labor Standards Act and job-protected leave under the Family and Medical Leave Act. Read more
The military family leave provisions of the Family and Medical Leave Act will be amended, as part of the National Defense Authorization Act for Fiscal Year 2010 which was signed into law by President Obama on October 28.
The changes in the law extends the 26 weeks of military care giver leave to famil Read more
An employer did not retaliate against a long-service employee for taking leave under the Family and Medical Leave Act when it terminated her for poor performance after she returned, the Seventh Circuit decides.
The former employee had a history of absenteeism and making numerous errors in her work, but had been taking FMLA leave just prior to management’s decision to terminate her because o Read more
A company had “constructive notice” of hours worked at home by an employee because of its “comp time” practice, and thus the employee was eligible for leave under the Family and Medical Leave Act, the Third Circuit rules.
The company had discharged the employee for “behavioral problems,” but she charged she was actually fired for requesting FMLA leave. Read more
While a company could prohibit employees on paid or unpaid leave from working for another employer, it can’t specifically prohibit employees from moonlighting while the individual is on leave under the Family and Medical Leave Act, according to speakers from the U.S. Dept. Read more
In 1999, the U.S. Dept. of Labor had interpreted the Family and Medical Leave Act as allowing an eligible employee up to two business days to notify the employer that leave was taken for FMLA purposes. Read more
An employee who added to a physician’s statement certifying her serious health condition for purposes of leave under the Family and Medical Leave Act can be properly denied FMLA leave and disciplined for her absences, even though she would have been entitled to the leave without the alteration, the Seventh Circuit holds.
“[W]here an employee adds to a medical care provider’s certification f Read more
An employee who was ineligible for leave under the Family and Medical Leave Act because she was not in a facility with 50 or more employees within a 75-mile radius can proceed with her law suit based on the assurances of the company that she was eligible, an Illinois federal district court rules.
Pursuant Read more