News & Analysis as of

Family and Medical Leave Act (FMLA) Disability Leave

Proskauer - Law and the Workplace

New York Governor Zeroes in on Employee Leave and Benefits, Wage Payment Violations, and More in Proposed FY25 Executive Budget

On January 17, 2024, New York Governor Kathy Hochul released the proposed Executive Budget for fiscal year 2025. The Budget includes appropriation bills and other legislation required to carry out budgetary recommendations...more

Dentons

Discipline Notes as a Lawsuit Defense

Dentons on

One of the things that happen with the Family Medical Leave Act (FMLA) is a disconnect between the complex structure of the FMLA and its practical application. Plaintiff attorneys will sometimes assert in claims that they...more

Venable LLP

Long COVID: A Get-Out-of-Work-Free Card?

Venable LLP on

Imagine one of your employees (let’s call her Sarah) recently contracted COVID-19, as so many workers have in the past two years. Unlike your other employees, however, Sarah’s symptoms did not subside after a few weeks....more

Venable LLP

California's Pregnancy-Related Leaves and Accommodations, Explained

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California law provides various leaves and accommodations to pregnant employees, and to employees who have recently had babies and are breastfeeding or expressing milk. The requirements of each law and interactions with other...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Federal District Court Order Provides Guidance Related to Disciplining Employees Who Abuse Leaves of Absence

On February 5, 2021, the U.S. District Court for the District of Delaware granted summary judgment in Snyder v. E.I. DuPont de Nemours, Inc. and Company, No. 18-1266, holding that DuPont did not terminate the employment of...more

Harris Beach PLLC

Details on COVID-19 Paid Leave Legislation, Executive Orders as of March 19

Harris Beach PLLC on

UPDATE: This Alert has been updated to include guidance on what businesses will be considered "essential" and exempt under Governor Cuomo's Executive Order mandating a 75 percent reduction in workforce. See the section below...more

FordHarrison

Waiting On Dorian: HR Tips for Dealing With Employees Who Can’t Seem to Show Up On Time, or at All

FordHarrison on

Waiting on Dorian to arrive or to skip Florida altogether got me thinking about the HR challenges of dealing with employees who can’t seem to show up on time—or at all.  Managing employee attendance problems and preparing for...more

Fisher Phillips

Red Flag: When An Employee Raises ADA Issues During Disciplinary Meetings

Fisher Phillips on

The need to consider Americans with Disabilities Act (ADA) accommodations can happen at any time during the employment relationship. Generally, an employee will ask for an accommodation before problems with performance...more

Hinshaw & Culbertson LLP

When Taking a Mexican Vacation During Your FMLA Leave is Not Grounds for Termination

A recent decision issued by the Massachusetts Supreme Judicial Court offers up a good reminder that what employers may consider FMLA abuse may not in fact be FMLA abuse under the law. That's exactly the scenario that played...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Untangling Complex Leave Issues – Part II

In the second episode of this two-part series, John Stretton and Rachel Mandel discuss the complexities surrounding the Family and Medical Leave Act and the Americans with Disabilities Act, including no fault attendance...more

BakerHostetler

[Event] Navigating the "Big Three" Leave Laws: Best Practices for Resolving Leave Issues Under the ADA, FMLA and Workers'...

BakerHostetler on

Identifying and navigating disability and leave-related issues can be difficult. Managing issues that involve the ADA, FMLA, company policies and workers’ compensation programs can be time-consuming and confusing. How well...more

Snell & Wilmer

100 Percent Healed Policies – One of the EEOC’s Enforcement Priorities

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The U.S. Equal Employment Opportunity Commission (“EEOC”) is cracking down on employers for maintaining leave policies that the EEOC deems a violation of the Americans with Disabilities Act (“ADA”). These so-called “100...more

Fisher Phillips

Web Exclusive - June 2018: The Top 18 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Fisher Phillips

Nevada Employer Pays $3.5 Million To Settle “100-Percent Healed” Claim

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Nevada Employer Pays $3.5 Million To Settle “100-Percent Healed” Claim - Slots chain employer Dotty’s recently agreed to pay $3.5 million to settle litigation alleging its “100-percent-healed” policy discriminates against...more

K&L Gates LLP

Working Wise: Accommodating an Employee's Disability through Leaves of Absence

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In this episode, we highlight the challenges of accommodating an employee's disability through leaves of absence. The podcast covers the background of the Americans with Disabilities Act, how leave can be a reasonable...more

Proskauer - Law and the Workplace

Final Regulations for New York State Paid Family Leave Law Adopted

The New York Workers Compensation Board (the “Board”) has adopted final regulations for implementation of the New York Paid Family Leave Law (“PFLL”).  The final regulations are effectively immediately....more

Proskauer - Law and the Workplace

Proposed Regulations Issued for New York State Paid Family Leave Law

The New York Workers Compensation Board has issued a proposed rule for implementation of the statewide Paid Family Leave Law (“PFLL”), which goes into effect on January 1, 2018....more

McAfee & Taft

EEOC issues new guidance on leave of absence and ADA accommodations

McAfee & Taft on

On May 9, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) issued a new guidance document addressing the intersection of employer-provided leave of absence and the Americans with Disabilities Act (ADA). This...more

Baker Donelson

Time to Check Your Leave Practices: EEOC Issues Resource Document on Employer-Provided Leave Under the Americans with Disabilities...

Baker Donelson on

In light of an increase in charges filed with the EEOC in which employees claim that their employers are unlawfully denying or restricting the use of leave as a reasonable accommodation, which is a "troubling trend" according...more

Littler

DOL Issues Updated FMLA Notices and Forms Addressing GINA "Safe Harbor" Language Requirements

Littler on

The U.S. Department of Labor (DOL) recently issued new versions of the agency's template Family and Medical Leave Act (FMLA) notices and certification forms, which have been approved for use for the next three years.  The new...more

Holland & Knight LLP

DOL Releases Updated FMLA Health Care Provider Certification Forms - Employers: Begin Using the New Forms Immediately; Note the...

Holland & Knight LLP on

The U.S. Department of Labor (DOL) recently published updated health care provider certification forms for employers to provide employees who request leave under the Family and Medical Leave Act (FMLA) due to any one of the...more

Farella Braun + Martel LLP

Supervisor-Caused Stress is Not a “Disability” under the FEHA

The inability to work under a particular supervisor because of anxiety and stress related to the supervisor’s standard oversight of job performance is not a disability recognized under California’s Fair Employment and Housing...more

Parker Poe Adams & Bernstein LLP

Employee Needing Extended Leave of Absence Not Qualified to Perform Essential Job Functions

Perhaps the most common question faced by employment law attorneys representing management involves employees whose medical condition requires a long leave of absence from work. The employee exhausts FMLA leave and/or the...more

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