FMLA Archives | Employment Law | Kollman & Saucier, P.A.

Families First Coronavirus Response Act -- Paid Sick Leave and Job Protection

Kollman & Saucier

03/15/2020

The U.S House of Representatives has passed the Families First Coronavirus Response Act (the “Act”), which, among other things, expands the Family and Medical Leave Act (FMLA) and provides paid sick leave in an effort to confront the coronavirus. The Senate is expected to approve the measure soon. The Act will take effect not later than 15 days after enactment. With respect to the FMLA, the Act (if approved by the Senate) expands...

Darrell VanDeusen

02/11/2020

Disability & Leave, FMLA

When I speak or provide training on the FMLA, I often start by apologizing on behalf of Congress and the Department of Labor. Congress, for creating a law the way you design a horse by committee (it comes out looking like a camel); the DOL for implementing regulations that you need legal expertise to follow and get right (and even then it is sometimes a crap shoot). For sure, the toughest FMLA area for employers is accommodating unforeseen,...

Kollman & Saucier

01/14/2020

FMLA, Virginia Employment Law

A recent FMLA case out of the United States District Court for the Western District of Virginia brings to mind the expression "its better to be lucky than good." In the case of Trail v. Utility Trailer Manufacturing Company, No. 1:18CV00037 (W.D. Va. 1/8/20), a Southwest Virginia manufacturer succeeded in getting a former employee's FMLA lawsuit dismissed after the employee failed to provide evidence that his son's medical problems...

Darrell VanDeusen

08/14/2019

FMLA

My blog earlier this week noted that the FMLA is 26 years old. Yet, is it still – in some cases – difficult to apply in a balanced way. Handling an employee’s use of unexpected intermittent FMLA leave is about the hardest issue an employer faces under this law. And, to prove my point, let’s take a look at Dyer v. Ventra Sandusky, LLC, 2019 U.S. App. LEXIS 23678 (6th Cir. Aug. 8, 2019). At issue here was the employer’s application...

Darrell VanDeusen

08/12/2019

FMLA

After 26 years, the Family and Medical Leave Act (FMLA) has pretty much reached the point where most cases rely on established jurisprudence. There just is not that much new out there. For example, if performance issues arise after an employee’s return to work they should be handled without regard to the employee’s use of FMLA leave. An employee terminated after taking FMLA leave may claim retaliation and, when that occurs, the arguments...

Kollman & Saucier

08/09/2019

DOL Opinion Letters, FMLA

On August 8, 2019, the federal Department of Labor (“DOL”) issued three opinion letters which concern the Family Medical Leave Act (“FMLA”) and the Fair Labor Standards Act (“FLSA”). The details are as follows: FMLA2019-2-A Intermittent leave to attend Committee on Special Education (“CSE”)/Individualized Education Program (“IEP”) meetings to address the educational and special medical needs of an employee’s child is...

Darrell VanDeusen

05/22/2019

FMLA

Another “head-shaker” case from FMLA land. Section 825.303(a) of the DOL’s regulations on requesting FMLA leave provides that when an unforeseen need for FMLA leave arises, “an employee must provide notice to the employer as soon as practicable . . . within the time prescribed by the employer's usual and customary notice requirements applicable to such leave." 29 C.F.R. § 825.303(a) (emphasis added). But what happens when the employer has...

Darrell VanDeusen

05/20/2019

Employer Liability, FMLA

I have been updating my book on the FMLA/Wage & Hour Law (available through LexisNexis). But enough gratuitous self-promotion. The point is that in doing so I get to read a whole mess of recent FMLA decisions. A few of them make me shake my head at the decision-making skills of some members of our species. I share one of those with you, dear reader. It would seem self-evident, but employers sometimes forget that the concept of leave...

Kollman & Saucier

04/16/2019

FMLA, Legislative Developments

The Maryland General Assembly has approved legislation (HB1284/SB0705) that entitles eligible employees to unpaid job-protected leave for organ and bone marrow donation. While expected to be approved, this legislation is not yet finalized and has not officially passed into law. Under the new legislation, Maryland employers with at least 15 employees would be required to provide eligible employees up to 60 business days in any 12-month period to...

Kollman & Saucier

04/09/2019

Agency Activity, FMLA

In FMLA2019-1-A, the DOL advised that an employer cannot delay designating qualifying leave as FMLA, even if requested by the employee. In particular, the DOL was asked if it is permissible to permit employees to exhaust first any non-FMLA leave prior to designating otherwise qualifying leave as FMLA. The DOL explained that an employer may not delay the designating qualifying leave as FMLA: "Once an eligible employee communicates a need to take...

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Families First Coronavirus Response Act -- Paid Sick Leave and Job Protection

It’s Baaack! The FMLA Notice Conundrum Returns to the Seventh Circuit

Virginia Employer Dodges FMLA Bullet

It’s a Headache: Worker With Intermittent FMLA Leave for Migraines Gets a Trial

I am NOT a Racist! And You “Created” My Performance Problems!

U.S. Department of Labor Issues Three New Opinion Letters

Follow The Company Rule To Request FMLA. No, The Other One.

Requiring Employee to Work While on FMLA: Bad idea. Duh.

Maryland General Assembly Approves Organ Donation Leave Legislation

DOL Issues First FMLA Opinion Letter Of 2019

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Category: FMLA

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