The past year saw many significant developments in the area of labor and employment law at all levels of government. Simply by way of example, new legislation imposed additional obligations on employers that operate in New Jersey and New York; federal Courts of Appeals “clarified” standards applicable to workplace discrimination claims; and under the Trump … Continue Reading
The New York Paid Family Leave law (NYPFL), which becomes effective Jan. 1, 2018, mandates that private employers provide coverage for certain types of employee leave. The benefits will be administered and payments made by the employer’s disability carrier (or by the employer if self-insured), in the same manner as disability benefits. Funding of the … Continue Reading
In a welcome decision to employers, the Third Circuit decided last week, for the first time, that an employer’s mere “honest belief” that an employee misused FMLA leave is sufficient to defeat a retaliation claim. As an employee claiming retaliation for using protected FMLA leave must prove that the very exercise of that right was a … Continue Reading
Written by Terence P. McCourt and Jack S. Gearan Beginning April 7, 2015, Massachusetts employers with six or more employees will be required to provide the same benefits and protections afforded by the Massachusetts Maternity Leave Act to both male and female employees, including eight weeks of job-protected leave for adoption or birth of a child. … Continue Reading
In an important decision, the Third Circuit recently held in Lupyan v. Corinthian Colleges, Inc. that an employee’s sworn statement — and nothing more — that she did not receive management’s mailed notification that her leave was designated as qualifying under the Family and Medical Leave Act (FMLA), created a fact question precluding summary judgment … Continue Reading
A recent Middle District of Florida decision highlights the need for employers to consider implications under the Family and Medical Leave Act (FMLA) when disciplining an employee for unauthorized or excessive absences. In Hoopingarner v. Corinthian Colleges, Inc., an employee fired for excessive absences claimed the employer interfered with his FMLA rights by characterizing FMLA qualifying leave as unauthorized absences.
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In Haybarger v. Lawrence County Adult Prob. & Parole, the Third Circuit unanimously held that a supervisor, both in the private and public sectors, may be held individually liable for violations of the Family and Medical Leave Act (FMLA).… Continue Reading
In Coleman v. Court of Appeals of Maryland, in a 5-4 plurality ruling, the U.S. Supreme Court held that states are immune from suit as sovereigns under the self-care provision of the Family and Medical Leave Act of 1993, 29 U.S.C. § 2601, et seq. Coleman was an employee of the Maryland Court of Appeals … Continue Reading
One of the most vexing areas in employment is the interaction of the Americans with Disabilities Act and the Family and Medical Leave Act for individuals on a leave of absence because of a disability. If an employee has a disability and needs to take a leave of absence, the employer may provide qualified employees with … Continue Reading
The DOL just issued an Administrator Interpretation clarifying the definition of “son or daughter” under Section 101(12) of the FMLA with respect to employees who stand “in loco parentis” to a child. According to the Interpretation, while the question of whether an individual stands in loco parentis to a child will depend on the particular … Continue Reading
