Employee Leave (FMLA and ADA)

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Finally! The new Family and Medical Leave Act (FMLA) forms and notices are here!

As FMLA-covered employers sadly know, the FMLA requires employers to provide certain very detailed notices to employees requesting FMLA. In addition, employers may request only very specific and limited information from employees and their (or their family member’s) health care providers. The Department of Labor provides model FMLA forms and notices that meet the FMLA’s requirements on its website. Continue Reading Time to Update Those FMLA Forms!!!

Recently, I blogged about a press release from the Equal Employment Opportunity Commission in which it misstated the law on post-offer medical examinations under the Americans with Disabilities Act. I was hoping that was a one-off mistake. But another recent EEOC press release has given me some concern, because I believe that it again misleads employers on their obligations under the ADA – this time with regard to associational discrimination. Continue Reading Another Misleading EEOC Press Release on the ADA…

So after a hiatus of many years, the Department of Labor has once again begun issuing opinion letters, which are responses to a particular employer’s situation that offer guidance to all employers on specific issues under the Fair Labor Standards Act. This is quite exciting for employment law nerds like me – and one of these letters highlighted an interesting interaction between the FLSA and disability laws like the Americans with Disabilities Act and analogous state laws. (OK, I know that you’re on the edge of your seat now…) Continue Reading When the FLSA and the ADA Meet…

In a previous post about pet bereavement leave, I noted that the Family and Medical Leave Act does not provide leave to care for an ill or dying pet. (Because a pet is not technically a family member. Really. Despite how we pet-owners feel about our fur babies. That’s mine in the picture.) But I also said that, “if an employee becomes depressed because of the death of a pet, it is possible that this could rise to the level of a disability that would require a reasonable accommodation under the Americans with Disabilities Act, or a serious health condition for which leave must be granted under the [Family and Medical Leave Act].” I further noted, however, that most people may experience grief but not become clinically depressed as the result of a pet’s death. So my interest was piqued by a recent case in which the employee claimed that his insomnia following his dog’s death was a serious health condition under the FMLA. Continue Reading No FMLA for Pet’s Death

Today, January 23, 2018, Senator “Mac” Middleton filed a bill to postpone for 60 days the enforcement of Maryland’s new sick and safe leave (SSL) law by the state Commissioner of Labor and Industry. Given the law’s effective date of February 11, 2018, this means that enforcement would begin on April 12, 2018. We strongly note, however, that compliance – including the commencement of SSL accrual – is still required as of the February 11 effective date. Continue Reading More On Maryland Earned Sick and Safe Leave – Enforcement Delay and Collective Bargaining Agreements

Here we are again on the brink of another possible federal government shutdown, and employers may be wondering how it may impact them. The last time, during the 2013 federal government shutdown, we provided a summary of the shutdown contingency plans for the major employment-related agencies – the Department of Labor (DOL) (which includes the Occupational Safety and Health Administration (OSHA) and the Wage-Hour Division (WHD)), the National Labor Relations Board (NLRB), and the Equal Employment Opportunity Commission (EEOC).  So we thought we’d provide you with an updated summary of these plans, which set forth what the agencies will and will not do if there is an actual shutdown. Continue Reading EEOC, NLRB and DOL Shutdown Contingency Plans – The 2018 Edition

As Maryland employers are likely aware, the General Assembly passed a paid sick leave bill (HB1) this past session, which was vetoed by Governor Hogan. The Governor has now introduced a new paid leave bill – the Paid Leave Compromise Act of 2018 – that will be filed as emergency legislation when the next legislative session opens on January 10, 2018. The General Assembly’s Democratic leaders have nonetheless stated that they still plan to override the veto, making HB1 the law. Continue Reading Governor Hogan’s Paid Leave Compromise Bill – What Does It Really Do?

Green-baby-boy-rattle-baby-rattle-clipart-cool-LSoFao-clipartThis past week, the American Civil Liberties Union announced that it was filing a charge of discrimination with the Equal Employment Opportunity Commission on behalf of a male J. P. Morgan employee because the company denies fathers paid parental leave on the same terms as mothers. Now this is an issue that has been percolating for awhile – and one that is not necessarily on the radar screens of smaller employers, many of whom may offer maternity – but not paternity – leave benefits to their employees. Continue Reading Maternity/Parental Leave Policies – A Trap for the Unwary

get outI know that many employers feel hamstrung by the Family and Medical Leave Act’s statutory protections for employees. They can’t do much about the significant negative effects on business operations because of an employee’s unscheduled intermittent FMLA leave, for example. And FMLA abuse is sometimes (if not often) suspected but hard to prove. Many employees seem to view FMLA as a “get out of jail free” card that insulates them from discipline for bad behavior that is related in any way to FMLA – and a literal example of this can be found in the recent case of Capps v. Mondelez Global LLC. Continue Reading FMLA Is Not A “Get Out Of Jail Free” Card!

Judge_Gorsuch_official_portraitA colleague recently brought to my attention a 2014 employment case written by then-Circuit Judge Gorsuch for a panel of the U.S. Court of Appeals for the 10th Circuit – a particularly interesting opinion that may give us hints as to how Justice Gorsuch may rule in future employment cases before the Supreme Court.

In Hwang v. Kansas State University, an assistant professor was diagnosed with cancer and received a six-month leave of absence. (In the opinion, Judge Gorsuch specifically noted it was a “(paid) leave.” Whether or not it was paid is irrelevant to the legal analysis, but his express mention of payment suggests approval of the employer’s actions as exceeding the norm). Towards the end of the six months, she requested additional leave of apparently another few months. The University, however, had an inflexible policy limiting leave to six months, and it denied her request. The professor then sued, claiming that the University’s inflexible leave policy violated the Rehabilitation Act. Continue Reading Justice Gorsuch and the ADA?