On August 23, 2021, the District of Columbia Council enacted the Universal Paid Leave Emergency Amendment Act of 2021, which takes effect today. This new law amends the D.C. Universal Paid Leave Act, the D.C. Family Medical Leave Act, and the Paid Family Leave Act,...
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Family and Medical Leave Act
Be Cautious About Terminating Employees for Medical Absences
If you have an employee who has missed work, check whether it was for medical reasons before you take any action against that employee. The federal Family and Medical Leave Act (FMLA) allows employees to take up to 12 weeks of unpaid, job-protected leave each year,...
3 Tips for Complying With the Family and Medical Leave Act
The federal Family and Medical Leave Act (FMLA) and corresponding state laws require employers to offer 12 weeks of unpaid, job-protected leave for qualifying family or medical purposes. The employee’s health benefits are to continue during this leave. When an...
Federal Court Rules that Consultation with Attorney Before Termination of Employee is not Evidence of Retaliation
When an employer seeks the advice of an attorney before they terminate an employee, is this evidence that the termination was motivated by retaliatory intent? A federal case called O'Rourke v. Tiffany and Company recently addressed this very question. In O’Rourke,...
New FMLA Decision Highlights the Importance of Following Employer’s Absence Policies
A recent federal decision from the Eastern District of Michigan addressed the question of whether an employer may discipline an employee who qualifies for FMLA leave, but nonetheless fails to follow company policy when taking an absence. In Reed v. Delta Air Lines,...
Under the FFCRA, Am I Entitled to Leave to Watch My Kids During Summertime?
As we previously blogged, employers are obligated under the Families First Coronavirus Response Act (FFRCA) to provide employees up to two weeks (80 hours) of paid sick leave and up to 12 additional weeks of paid, expanded family and medical leave to an employee whose...
Court: FMLA Leave Must Be For Care, Not Evaluation Of Illness
When an employee refused to travel for work based on his wife's ongoing heart troubles, he did not have a valid claim for leave under the federal Family and Medical Leave Act (FMLA), a federal court has found. In this instance, the man did not actually provide any...
DOL Opinion Letter: Parents May Claim FMLA Leave For IEP Meetings
According to the U.S. Department of Health and Human Services, of American households with children, around 20% have a child with special needs. Now, the Department of Labor has ruled that attending meetings about a child's individual education plan (IEP) is an...
DOL: Employees Can’t Use Up Paid Time Off Before Using FMLA Leave
The U.S. Department of Labor recently took a new position on the timing of leave taken under the federal Family and Medical Leave Act (FMLA). Many employers allow or even require workers to use up their sick time and other paid time off before initiating an FMLA...
My Employee Didn’t Ask For FMLA Leave — Do I Have To Offer It?
Under the Family and Medical Leave Act (FMLA), many employees are entitled to take up to 12 weeks of unpaid, job-protected leave per year for certain family and/or medical reasons, including: The birth and care of a newborn child The placement of a child with the...