News & Analysis as of

Family and Medical Leave Act (FMLA) Notice Requirements Appeals

Adams and Reese LLP

Understanding the Employee’s FMLA Notice Duties: Key Takeaways from Recent Legal Ruling

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Imagine you are a busy HR manager or business owner approached in the hall by employee Beth while you are between meetings. Beth briefly mentions a need for “possibly getting FMLA for my dad.” You nod at Beth and go on to...more

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

Fourth Circuit Reinstates Employee’s Claim That Social Media App Messages Provided Sufficient Notice of a Medical Absence

On August 15, 2022, the U.S. Court of Appeals for the Fourth Circuit held in Roberts v. Gestamp West Virginia, LLC, that an employer’s “usual and customary” notice procedures relating to absences extended beyond the company’s...more

Steptoe & Johnson PLLC

West Virginia Supreme Court of Appeals Clarifies Employee’s Burden of Proof for FMLA Interference

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The West Virginia Supreme Court of Appeals (WVSCA) issued a new ruling in Fairmont Tool Inc. v. Opyoke, clarifying an employee’s burden of proof to sustain an interference claim under the Family and Medical Leave Act (FMLA)...more

Holland & Knight LLP

Massachusetts Supreme Judicial Court Analyzes State's Domestic Violence and Abuse Leave Act

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The Massachusetts Supreme Judicial Court (SJC) on Aug. 25, 2021, issued an opinion interpreting the Massachusetts Domestic Violence and Abuse Leave Act (DVLA) for the first time since its enactment in 2014. The SJC applied a...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - July 2020

This edition of Employment Flash summarizes key employment law issues related to COVID-19 as well as two seminal U.S. Supreme Court rulings that protect gay and transgender employees from discrimination, and clarify the...more

Burr & Forman

What's good 'notice' of a workplace injury in South Carolina?

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Many readers know that statutory protections passed by state legislatures and Congress are often written to favor the rights of employees. One such statute is South Carolina’s workers’ compensation law. The law requires...more

Parker Poe Adams & Bernstein LLP

Make Sure FMLA Forms Mailed to Employees Can Be Traced

Here is a nightmare scenario for human resources: The company sends an employee absent from work the required Family and Medical Leave medical certification form via regular mail. The employee fails to return the form within...more

Burr & Forman

4th Circuit Bounces Bank's Request to Dismiss Manager's FMLA Case

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In a relatively recent decision, the U.S. Court of Appeals for the 4th Circuit (whose rulings apply to all South Carolina employers) found that an employer's faulty notice to an employee about his rights under the Family and...more

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

Mailing FMLA Notice of Rights to Absent Employee May Be Insufficient to Prove Receipt by Employee, Third Circuit Holds

Many employers send Family and Medical Leave Act (FMLA) paperwork to absent employees via the mail—regular, first class mail—because it is a reasonable, cost-effective way to get the notice to those employees at home....more

Proskauer Rose LLP

Trends in New Jersey Employment Law - September 2014

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Third Circuit Renders Important Decisions on FMLA and FLSA - In recent weeks, the U.S. Court of Appeals for the Third Circuit rendered a trio of significant employment law decisions....more

Baker Donelson

Sixth Circuit Reminds Employers of Notice Requirement Under the FMLA

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The United States Court of Appeals for the Sixth Circuit recently upheld a ruling that FedEx interfered with a former employee's rights under the Family and Medical Leave Act (FMLA) by failing to give her adequate notice of...more

Parker Poe Adams & Bernstein LLP

Inability to Show Receipt of FMLA Notice Defeats Employer's Summary Judgment Motion

Why do lawyers insist that everything be sent by certified or registered mail? A new case from the Third Circuit Court of Appeals demonstrates how the inability to prove that a required notice had actually been mailed...more

Parker Poe Adams & Bernstein LLP

Failure to Provide Anticipated Date of Return to Work Does Not Disqualify Employee From FMLA Leave

Under the Department of Labor’s Family and Medical Leave Act rules, employees who request foreseeable FMLA leave need to provide their employers with an anticipated date of return to work. These regulations, however, do not...more

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