FMLA and Other Leaves of Absence

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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 on the employer to justify why an employee cannot return from FMLA leave.
Continue Reading LAW ALERT: FMLA Leave Now Even More Complex – Ninth Circuit Places Burden on Employers When Denying an Employee Reinstatement

On September 30, 2010, Governor Schwarzenegger signed into law the “Michelle Maykin Memorial Donation Protection Act” which adds another statutory leave entitlement to the California Labor Code.

The new organ and bone marrow donation leave law provides for the following:

Continue Reading CORRECTED LAW ALERT: New Organ and Bone Marrow Donation Leave Law

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 is geared to educate both employees and employers about their respective rights and…

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 rather than engaging in the interactive process to determine if a reasonable accommodation existed to help return them to work. The settlement is the largest ADA settlement in a single case in EEOC history. Each of the 235 employees will receive approximately $26,300 in settlement funds.
Continue Reading LAW ALERT: $6.2 Million Settlement in EEOC Complaint Against Sears, Roebuck & Company Re: Inflexible Leave Exhaustion Policy Violates ADA

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 year. Below is a summary of some of the changes made:
Continue Reading LAW ALERT: The “2010 National Defense Authorization Act” Expands FMLA Military Leave Entitlements