Tag Archives: Family Medical Leave Act

Labor Department Seeks Information From Employers and Employees About FMLA

On October 28, 2016, the Department of Labor (DOL) gave notice that it is seeking comments from employers and employees about the Family and Medical Leave Act (FMLA). The notice is available here Federal Register. The comments will be used to develop and administer two surveys in 2017 and 2018. According to the DOL, these … Continue Reading

Employer’s Investigation of Misconduct Called Into Question Allowing FMLA Claims to Go to Trial

An employer’s defense to a lawsuit brought under the Family Medical and Leave Act (FMLA) was derailed after a judge agreed there was enough evidence for a jury to find that the employer investigated an employee’s work performance to find a “legitimate” reason to fire him after that employee requested leave. The case, Lankford v. … Continue Reading

Judge Throws up Roadblock to Extending FMLA Protections to Same-sex Couples

We previously discussed the Department of Labor’s final rule that extended Family and Medical Leave Act protections to same-sex married couples. That rule was to apply regardless of the couple’s state of residence. But same-sex couples in Texas, Arkansas, Louisiana, and Nebraska will have to wait to enjoy the same benefits provided to heterosexual couples. … 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

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  FMLA Background The FMLA, 29 USC 2601 et seq., was originally enacted … Continue Reading
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