Category Archives: Family and Medical Leave Act of 1993 (FMLA)

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Responding to Employee Absences Following Historic Metro Detroit Flood

This past week Metro Detroit was hit with a record rainstorm. After it was all said and done, many of the area freeways and streets were literally underwater and homes and basements were flooded with water and sewage. It was also days¬†before some of the affected roads were fully reopened. An understatement to say it … Continue Reading

Clarification of FMLA Leave for Children with a Disability

The Department of Labor’s Wage and Hour Division’s acting Deputy Administrator issued an Administrator’s Interpretation (2013-1) that is intended to clarify a question employers and employees had under the Family Medical Leave Act (FMLA) and involving an employee seeking leave to care for an adult son or daughter with a disability. Specifically, under the January … Continue Reading

Understanding Family Medical Leave Act Claims – One Statute, Two Possible Claims

Companies understandably find employment law to be simultaneously chaotic, complicated, and confusing. And this state of affair certainly applies to the Family Medical Leave Act, (FMLA). This is especially true when it comes to the two distinct type of claims that may be brought under the FMLA and the consequences each type of FMLA claim … Continue Reading

Can Employers Be Sued for Restricting the use of Certain Doctors for Disability Certifications?

It is never easy being an employer when it comes to issues at the intersection of employees and medical issues. But at least many of these issues are based on statutes and regulations, which (more or less) outline an employer’s responsibilities.  But a recently dismissed claim against an employer by a doctor and his medical practice … Continue Reading

Taking Note of How Family and Medical Leave Act Interference Claims to be Decided

The Sixth Circuit recently resolved an issue of uncertainty for Michigan employees and employers when it comes to analyzing Family and Medical Leave Act (FMLA) interference claims. Going forward, employees must satisfy the burden-shifting framework common to employment discrimination claims when evaluating FMLA interference claims.  FMLA Background The FMLA, 29 USC 2601 et seq., was originally enacted … Continue Reading