A recent 7th Circuit case has further defined what constitutes a right under the FMLA. Carris James, an employee of the Chicago Hyatt Regency, injured his eye during an altercation outside of work. James had originally noted vision problems on his application to Hyatt, and the hotel had accommodated him…
Articles Posted in #FMLA
Thursday Links
Here are a few links to some interesting employment law articles. I’ve also posted another link to some additional information from the Department of Labor’s recent guidance regarding how the Family and Medical Leave Act applies to adult children. The Employer Handbook has a good article that should remind employees…
New DOL Guidance on Using FMLA Leave to Care for an Adult Child
The Department of Labor recently issued a new administrative interpretation regarding how the Family and Medical Leave Act is interpreted to allow an employee to care for an adult child. Ordinarily, an employee is entitled to take FMLA leave to care for a child with a “serious health condition.” A…
FMLA Information and more analysis of Social Media and Discovery
The FMLA Insights blog has an interesting post about FMLA leave during the holiday season. The post lays out a hypothetical scenario where an employee requests vacation leave, has the request denied, and then instead calls in sick and requests FMLA leave- a situation the employer feels is a dubious…
Employment Law Roundup
Here are some quick summaries of a few interesting employment law developments from the past week. The Employer Handbook has an interesting look at a case where a company’s HR manager admitted that the company fired an employee as a form of FMLA retaliation. The employee was scheduled for a month of FMLA…
New Case Broadens FMLA
A new federal case has upheld the right of an employee to take FMLA leave to care for a parent who is on a recreational trip. The case represents a significant broadening of FMLA leave, and represents one of the most important cases of the year. In the case the…
Employees on FMLA Leave Should Avoid Abusing Leave
In an addition to our recent FMLA posts, I wanted to highlight a recent article by the Employer Handbook that demonstrates how employees on FMLA leave need to be careful about what they put on the internet. In the case in question, an employee with the Advantage Health Physician Network…
FMLA Leave Applies to Fathers Too
A recent lawsuit highlights that FMLA leave should be provided to working fathers as well as mothers. In the case, Ariel Ayanna sued his employer, the law firm Dechert LLP, after they terminated him when he took leave following the birth of his son. A court recently refused to dismiss…
Employment Law Issues in the wake of Hurricane Sandy
I hope everyone has managed to stay safe and as dry as possible over the past few days. With Hurricane Sandy starting to move out of the region Tuesday evening, I wanted to post about a few issues employers and employees face in the wake of a natural disaster. The…
What Length of Leave is required under the ADA?
In a continuation of a recent post that analyzed what constitutes a “reasonable accommodation” under the Americans With Disabilities Act, this post summarizes a great article by the FMLA Insights blog that looks into the extent a leave of absence constitutes a reasonable accommodation. The article looks at the fact…