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...
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Family and Medical Leave Act
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...
How Employers Should Calculate The FMLA’s 12-Month Period
Under the federal Family and Medical Leave Act, covered employees are entitled to take up to 12 workweeks of unpaid leave during a single 12-month period. The leave can be used to care for a personal medical condition, to care for certain family members' serious...
When Can Employees Be Fired For Abusing Intermittent FMLA Leave?
The federal Family and Medical Leave Act allows employees to take up to 12 workweeks' worth of unpaid leave within a 12-month period for specific reasons. The leave can be taken as a single block or intermittently for shorter periods. It's illegal for employers to...
Parental Leave Under Both Federal And Maryland Law: The Basics
Expecting a new child should be a time for joy and excitement -- and not a time wasted worrying about losing your job simply because you want to spend more time with your child. Fortunately, both the federal Family and Medical Leave Act (FMLA) and the Maryland...
‘Chosen Family’ Sick Leave Policies Becoming Increasingly Common
When a New York man was diagnosed with cancer, his biological family couldn't care for him. They were in Malaysia, a world away. However, he did have people to help--his "chosen family." And, because of a recent change to New York law, many of those "chosen family"...
What Are The Qualifying Reasons For FMLA Leave in Maryland?
In Maryland, most full-time employees who have worked at a company for a year are entitled to unpaid leave under the federal Family and Medical Leave Act and Maryland law. These laws typically apply to companies with at least 50 employees, although there are some that...
When FMLA Expires, Must an Employer Grant Additional Leave Under the ADA?
The U.S. Court of Appeals for the Seventh Circuit issued a resounding "no" upholding a decision in favor of an employer. The employer denied an employee's request for an additional 2-3 months off when his FMLA expired. The Seventh Circuit's decision went so far as to...
What is the FMLA, and who is protected by it?
The federal Family and Medical Leave Act (and similar enactments operative in the states, including in Maryland and Virginia) is protective legislation of great importance to many American workers dealing with serious injuries that require their temporary absence from...