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FMLA leave applies to same-sex parents
On June 22, 2010, the Department of Labor issued an interpretation of of the definition of “son or daughter” under the FMLA. The DOL gave the term “parent” an expansive view, going beyond legal or...
View ArticleInsufficient notice of need for FMLA leave proves fatal for insubordinate...
Last month, the Sixth Circuit denied the FMLA claim of a fired employee who suffered from a heart condition. In Gipson v. Vought Aircraft Industries, plant maintenance worker Howard Gipson refused his...
View ArticleFMLA protections can apply to even to non-eligible employees
Earlier this year the Eleventh Circuit held that an employee who was not yet eligible for FMLA leave could still be protected by the law. The plaintiff in Pereda v. Brookdale Senior Living...
View ArticleDid you affix the new FMLA poster on Friday?
On March 8 the Department of Labor issued a final rule implementing new provisions of the FMLA. The most notable provisions include: making FMLA leave available for family members of members of the...
View ArticleCan you fire an employee on FMLA leave?
You know that employees cannot be penalized in any way as a result of exercising their rights under the FMLA. But what if there is a legitimate reason to terminate that is unrelated to the FMLA leave?...
View ArticleMy favorite legal theory, the “honest belief” rule
The “honest belief” rule is a great took for employers who do the right thing and investigate issues of alleged wrongdoing in the workplace. It basically says that if an employer honestly and...
View ArticleWhat to tell employees when they complain about “preferential” treatment...
Not much. Employees are not entitled to know what other employees are going through in terms of ADA-qualifying issues. Some disabilities are obvious, but for those that are not, there is simply no...
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Accommodating mental disabilities: a great example of what to do
Earlier this month a federal court in Florida granted summary judgment to an employer on an ADA claim. In Mecca v. Fla. Health Services, Dan Mecca was employed as a Peripherally Inserted Central...
View ArticleCalling an employee a “liability” can create liability
The employer in the recent Sixth Circuit case of Demyanovich v. Cadon Plating and Coatings just learned this, when the court sent the plaintiff’s case to a jury trial. Pithiness aside, this FMLA/ADA...
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FMLA protection may extend to travel with an ill relative
An employee tells you she’s taking a trip to Vegas with her terminally ill mother. The purpose of the trip is to fulfill her mom’s “bucket list.” Is the leave covered by the FMLA? Absolutely,...
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