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Tag Archives: FMLA

Illinois’ “Child Bereavement Leave Act”

Posted in Employee Privacy Rights, Employment Contracts and Agreements, Labor Law

On July 29, 2016, the Illinois General Assembly adopted SB 2613 – the Child Bereavement Leave Act (“Act”) which provides eligible employees with the right to take bereavement leave for the death of a child.  The law went into effect immediately. Covered Employers.  The Act defines covered employers the same way the federal Family and Medical… Continue Reading

DOL to Enforce Same-Sex Spouses FMLA Regulation In All But Four States

Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations

In our previous post, Same-Sex Marriage Partners Now Covered by FMLA, we reported on the final FMLA rule that expanded the definition of “spouse” under the FMLA to include employees in legal same-sex marriages. Although this rule took effect on March 27, 2015, a federal district court ruling in Texas left the status of the… Continue Reading

Same-Sex Marriage Partners Now Covered by FMLA

Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations, Wage & Hour

On February 25, 2015, the United States Department of Labor issued new rules designed to revise the regulatory definition of “spouse” under the Family and Medical Leave Act of 1993 (“FMLA”).  The new rules amend the regulatory definition of spouse under the FMLA so that it now specifically includes employees in legal same-sex marriages so that such… Continue Reading

Upcoming Seminar: From A to Z, The Alphabet Soup of Leave Laws

Posted in Discrimination, FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations, Wage & Hour

Summary of Program Administering leaves of absence and disability accommodations in California can be very challenging.  California has a new paid sick leave law and numerous other leave laws and wage replacement benefits that interact with one another.  To properly administer leaves and accommodate employees, employers need to understand the various types of leave/accommodations available,… Continue Reading

Why Employers Should Think Twice Before Making Employees Play Hurt

Posted in FMLA and Other Leaves of Absence, Labor Law, Wage & Hour

Recently, my Alma Mater, The University of Southern California, was sued by a former member of the Trojan football team.  Former cornerback Brian Baucham filed a lawsuit against USC and former coach Lane Kiffin, alleging he suffered permanent injuries after being forced to play in a game while he was ill.  Baucham’s lawsuit claimed that… Continue Reading

SPACE STILL AVAILABLE – SEAC Seminar – The What and Who: The FMLA/CFRA, ADA/FEHA, PDL, and Labor Code – Oh My!

Posted in FMLA and Other Leaves of Absence, Labor Law, Wage & Hour

Following the Yellow Brick Road of Employee Leave Rights and Accommodations.  SEAC invites you to spend the morning with attorneys and leave and accommodation experts Lizbeth (“Beth”) West and Charles (“Chuck”) Post from Weintraub Tobin as they discuss the ins and outs of this difficult area of employment law. Date:         Wednesday, August 20,… Continue Reading

Does an Employer Meet its Obligations under the FMLA by Sending an FMLA Designation Notice to an Employee via First Class Mail? Not Always

Posted in FMLA and Other Leaves of Absence, Labor Law, Wage & Hour

In Lupyan v. Corinthian Colleges, Inc., a FMLA interference lawsuit, the Third Circuit Court of Appeals reversed a summary judgment in favor of the employer when the employee claimed she never received an FMLA designation letter that her employer claims it mailed to her. The Court essentially held that if an employer wishes to prevail… Continue Reading

SEAC Seminar – The What and Who: The FMLA/CFRA, ADA/FEHA, PDL, and Labor Code – Oh My!

Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations, Wage & Hour

Following the Yellow Brick Road of Employee Leave Rights and Accommodations.  SEAC invites you to spend the morning with attorneys and leave and accommodation experts Lizbeth (“Beth”) West and Charles (“Chuck”) Post from Weintraub Tobin as they discuss the ins and outs of this difficult area of employment law. Date:         Wednesday, August… Continue Reading

Upcoming Seminar: The Complex Web of Federal, State and Local Leaves of Absence Laws

Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations

Summary of Program Employers continue to grapple with this very difficult area of employment law. It is not enough to focus on just one law when an employee is unable to work or is absent from the workplace due to some medical condition or injury suffered by the employee or his or her family member…. Continue Reading

FMLA Win for Employers – Employees Can Affirmatively Decline FMLA Leave & Thus FMLA Protections

Posted in FMLA and Other Leaves of Absence, Labor Law

On February 25, 2014, the Ninth Circuit Court of Appeals issued its decision in Escriba v. Foster Poultry Farms, Inc., holding that employees who affirmatively decline to take FMLA leave do not have the protections of FMLA.  Maria Escriba worked in a Foster Poultry Farms, Inc. (Foster Farms) processing plant in Turlock, California for 18… Continue Reading

Lizbeth West Co-authors “California Leave Law: A Practical Guide for Employers”

Posted in FMLA and Other Leaves of Absence

Co-authored by Lizbeth West, Published by LexisNexis Book Highlights: How to navigate the complex issues surrounding family leave, military leave, worker’s compensation and personal time. Insightful analysis of the key employment features to keep in mind when dealing with leave law in California. Determinative considerations in accounting for the many different California and federal rules… Continue Reading

Upcoming Seminar: Pregnancy Leave, Accommodation and Discrimination – Don’t Wait for the Stork to Teach You What It All Means

Posted in Discrimination, FMLA and Other Leaves of Absence

Summary of Program Join the Employment Law Group of Weintraub Tobin for an informative and up-to-date discussion about the rights and obligations of pregnant employees. Program Highlights Pregnancy Disability Leave (PDL) PDL versus FMLA/CFRA Reasonably Accommodating Pregnant Employees Pregnancy Discrimination What are the Courts saying? Date:   September 12, 2013 Time:   9:30 a.m. – 11:30 a.m. Location:  Weintraub… Continue Reading

Upcoming Seminar: The Complex Web of Federal, State and Local Leaves of Absence Laws

Posted in FMLA and Other Leaves of Absence, Labor Law

Employers continue to grapple with this very difficult area of employment law. It is not enough to focus on just one law when an employee is unable to work or is absent from the workplace due to some medical condition or injury suffered by the employee or his or her family member. Instead, employers need… Continue Reading

Are You Ready For Your New Compliance Obligations Under The FMLA?

Posted in FMLA and Other Leaves of Absence, Labor Law

By:  Lizbeth V. West, Esq. Effective March 8, 2013, those employers covered under the federal Family and Medical Leave Act (FMLA) will be required to comply with the recently issued regulations from the U.S. Department of Labor (DOL). The majority of the new regulations relate to the FMLA’s military leave provisions and the Airline Flight… Continue Reading

California Supreme Court Grants Review of CFRA/FMLA Case Richey v. Autonation, Inc.

Posted in FMLA and Other Leaves of Absence, Labor Law

By:   Chelcey E. Lieber The California Supreme Court recently granted review of Richey v. Autonation, Inc., a Court of Appeal case that vacated an arbitration award in favor of the employer. The Court rejected the employer’s argument that it had an “honest belief” that an employee was misusing his CFRA/FMLA leave, and this honest belief justified… Continue Reading

Facebook Pictures Enough for the Sixth Circuit to Uphold the Employer’s “Honest Belief” Defense (Sara Jaszczyszyn v. Advantage Health Physician Network)

Posted in FMLA and Other Leaves of Absence, Labor Law

By:  Chelcey E. Lieber Let’s say an employee was “completely incapacitated” and needs to take leave due to a back injury. The employee is granted leave, but then terminated while on leave. This sets the perfect stage for a successful interference and retaliation claim, right? The Court in Jaszczyszyn v. Advantage Health Physician Network disagreed… Continue Reading

The Continuing Danger of Terminating Employees on Leave: An Honest Belief That Leave is Being Misused is Not Always Enough (Richey v. Autonation, Inc.)

Posted in FMLA and Other Leaves of Absence, Labor Law, Wage & Hour

By:  Chelcey E. Lieber Avery Richey, a sales manager at Power Toyota of Cerritos (“Toyota”), went on medical leave under the California Family Rights Act (“CFRA”) due to a back injury. While on leave, Toyota learned Richey was working at a restaurant he owned. Toyota dispatched an employee and a supervisor to Richey’s business, where… Continue Reading

Is Leave Required As An Accommodation If It Is Unclear If The Employee Will Be Able To Perform The Job In The Near Future?

Posted in Disability Discrimination, Discrimination, FMLA and Other Leaves of Absence, Retaliation and Wrongful Termination

By:       Lizbeth V. West, Esq. Robert v. Board of County Commissioners of Brown County, Kansas, et. al. (10th Cir. Aug. 29, 2012) No. 11-3902 The job description for Robert’s job as a supervisor of felony offenders included 18 “essential functions.”   Some of those included functions like performing drug screenings, ensuring compliance with court orders, testifying… Continue Reading

FAQ: What Should An Employer Do When an Employee on FMLA Leave Says They Will Not be Returning to Work?

Posted in FMLA and Other Leaves of Absence

By:       Chelcey E. Lieber Question:  An employee is out on FMLA leave to care for her newborn baby.  Before her leave ends, she notifies her employer that she actually does not intend to return to work.  Does the employee still have any restoration rights?  Can the employer recover any health care premiums they paid during… Continue Reading

2012 Brings A Whole New Set Of Obligations And Challenges For California Employers – Failure To Comply Could Be Devastating

Posted in Employee Privacy Rights, Employment Contracts and Agreements, FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations, Wage & Hour

By:       Lizbeth (“Beth”) West, Esq. Governor Brown signed a significant number of bills into law during the 2011/12 legislative term, many of which will have a direct impact on almost every California employer, regardless of size. Many laws impose new obligations on employers and prevent employers from engaging in what they may otherwise thought was previously… Continue Reading

New FMLA Regulations for Military Family Leave and Other Updated FMLA Regulation

Posted in FMLA and Other Leaves of Absence

In January 2008, President Bush signed into law the expansive amendments to the FMLA which provide greater benefits to employees who have family members in the armed services. The new law became effective immediately. On November 17, 2008, the DOL issued final regulations addressing the new military family leave as well as updating existing FMLA… Continue Reading