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Tag Archives: FMLA and Other Leaves of Absence

LAW ALERT: FMLA Leave Now Even More Complex – Ninth Circuit Places Burden on Employers When Denying an Employee Reinstatement

Posted in FMLA and Other Leaves of Absence

Reinstatement is nearly a universal right held by employees returning from leave under the Family and Medical Leave Act (FMLA). Courts have long held, with few exceptions, that employees returning from FMLA leave are entitled to reinstatement. In Sanders v. City of Newport (9th Cir. 08-35996), the Ninth Circuit reinforced this obligation by holding the burden is… Continue Reading

Federal Government Posts Online Toolkit to Help Employers and Employees in the “Return-to-Work” Process

Posted in Disability Discrimination, FMLA and Other Leaves of Absence

Coinciding with President Obama’s designation of October as “National Disability Employment Awareness Month 2010,” the federal government has posted a toolkit on the internet to facilitate the return-to-work process for both employers and employees following a disability-related leave of absence.  The toolkit, which can be accessed at www.dol.gov/odep/return-to-work, is geared to educate both employees and employers… Continue Reading

LAW ALERT: $6.2 Million Settlement in EEOC Complaint Against Sears, Roebuck & Company Re: Inflexible Leave Exhaustion Policy Violates ADA

Posted in Disability Discrimination, FMLA and Other Leaves of Absence

On February 5, 2010, the EEOC issued a press release announcing the court approval of a $6.2 million settlement of its lawsuit against Sears, Roebuck & Company on behalf of 235 employees. The lawsuit maintained that Sears had an inflexible workers’ compensation leave exhaustion policy that terminated employees once they exhausted their workers’ compensation [leave] entitlement… Continue Reading

LAW ALERT: The “2010 National Defense Authorization Act” Expands FMLA Military Leave Entitlements

Posted in FMLA and Other Leaves of Absence

On October 28, 2009, President Obama signed into law the National Defense Authorization Act for Fiscal Year 2010 (H.R. 2647). The new law is expansive with over 500 pages of text. Section 565 of the Act makes significant changes to the military leave entitlements under the Family and Medical Leave Act (FMLA) which went into effect earlier this… Continue Reading

DEPARTMENT OF LABOR ISSUES AN OPINION LETTER CLARIFYING AN EMPLOYER’S RIGHT TO ENFORCE ITS CALL-IN POLICIES UNDER THE FMLA

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

On January 6, 2009 the Department of Labor (DOL) issued Opinion Letter FMLA2009-1-A to respond to a request for clarification regarding employee notification procedures under the Family and Medical Leave Act (FMLA) as discussed in the DOL’s previous Wage and Hour Opinion Letter FMLA-101 (January 15, 1999).  The DOL indicated that it was brought to… 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