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Employee Leave

FMLA Amendments Add Military Family Leave

December 19, 2008
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Employers are advised to consult the new regulations’ entitlements and notice requirements. An employer may now be liable when it fails to follow the notification rules and the employee is caused harm as a result of this failure.
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Employers Find Legal Support for Surveillance to Fight FMLA Abuse

October 14, 2008
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A recent court decision offers confirmation on the practice of spying on employees as a valuable—and legal—tool for fighting FMLA fraud.
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Re-Employment Rights And USERRA

October 14, 2008
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Protections under USERRA extend to employees who have left military service under “honorable conditions,” make a timely request for reinstatement and provide the employer with a signed authorization allowing access to the employee’s military and medical records.
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Policies and FMLA Rights For Ineligible Employee

August 15, 2008
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A company handbook can create a contractual relationship or, in the alternative, the enforcement of a promise made in the handbook that the employee has relied on to his detriment. As such, courts have barred employers from asserting the defense of FMLA ineligibility.
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Retaliation for Job-Protected Absences

June 27, 2008
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Adverse action against an employee for taking job-protected FMLA leave is unlawful. Employers are advised that eligible employees should be afforded FMLA leave, which may include a reduction to an employee’s workload.
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Part-Time Work During Medical Leave

June 13, 2008
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Continued employment with another employer during medical leave may not foreclose employees from taking family leave under state or federal law. Employers are advised that they should defer to medical opinion, and request second opinions or clarification if necessary.
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Abuse of Leave Tops FMLA Concerns

April 14, 2008
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Suspected employee abuse of leave taken under the Family and Medical Leave Act is the No. 1 FMLA-related concern for employers.
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TOOL USERRA Tip Sheet

April 11, 2008
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As service members return from deployment in Iraq, compliance with the Uniformed Services Employment and Re-Employment Rights Act of 1994 will be an issue for employers. Here are the act’s key provisions, and two recent cases of interest.
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TOOL Links to USERRA Information

April 11, 2008
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Here are useful links for employers, including the text of the act, the final regulations detailing employer obligations and the Department of Labor’s USERRA Advisor for employers and employees.
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