Keeping FMLA Usage Confidential Pays Off For USPS: Employee Failed To Prove Retaliation Claim

By Jody M. Florence – July 10, 2018 An employee’s retaliation claim under the Family and Medical Leave Act (FMLA) failed because he was unable to prove that the managers who decided to temporarily transfer him knew about his FMLA leave, according to the 6th U.S. Circuit Court of Appeals. A manager of customer services…

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Tax Subsidy for Paid FMLA Leave

The federal Family and Medical Leave Act (FMLA) currently requires certain employers to provide eligible employees with up to 12 weeks of leave per year for specified family and medical reasons. FMLA leave can be paid or unpaid. The Tax Cuts and Jobs Act seeks to encourage employers to provide paid leave by providing employers…

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How Do Employers Calculate FMLA Leave Around the Holidays?

By Franczek Radelet P.C. – Nov 21, 2017 Calculating FMLA Leave During A Holiday Week Let’s use Thanksgiving Day as an example. If the employee gets Thanksgiving Day off as an employer holiday and then takes the entire rest of work week off for an FMLA reason, the employer should count the entire workweek as…

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Second Circuit Lowers Bar for Causation in FMLA Retaliation Claims

By Ogletree, Deakins, Nash, Smoak & Stewart, P.C. July 27, 2017 The U.S. Court of Appeals for the Second Circuit recently ruled that to advance a viable claim for retaliation under the Family and Medical Leave Act (FMLA), an employee need only demonstrate that exercising his or her rights under the FMLA, such as taking…

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U.S. Department of Labor will reinstate the issuance of FLSA and FMLA opinion letters

By Franczek Radelet P.C. – June 28, 2017 The U.S. Department of Labor’s Wage & Hour Division announced today that it is bringing back the WHD Opinion Letter. Opinion letters have long been one of the most useful resources for lawyers and HR professionals trying to figure out how to comply with the laws enforced…

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Trump’s Parental Leave Plan: How to Plan for the Plan

By Jodi Taylor – June 12, 2017 The White House released its 2018 budget plan in late May and amid various cuts and increases to existing agencies, paid parental leave is included as part of the plan. Other than in the handful of states with mandatory leave laws (California, New Jersey, Rhode Island and, effective…

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Intermittent Leave Under the FMLA – The Basics

By Donald Davis on June 7, 2017 Congress adopted the Family and Medical Leave Act of 1993 (“FMLA”) to provide job security for employees who must miss work due to their own serious health condition, the birth of their children, to care for family members suffering from a serious health condition or for reasons related…

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Strict Enforcement of Attendance Procedures May Create Liability for Employers under FMLA

By Robert Meyer – March 28, 2017 Many employers include in their attendance policies a specific procedure by which employees must “call-in” to report an absence from work. Such policies typically impose disciplinary action, up to and including termination of employment, when an employee fails to follow the employer’s procedure or is otherwise a “no-call,…

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