New York Labor And Employment Law Report

New York Labor And Employment Law Report

Category Archives: Family and Medical Leave Act

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Human Resource Professionals Beware — Second Circuit Finds HR Director May Be Individually Liable Under the FMLA

Posted in Family and Medical Leave Act
On March 17, 2016, the United States Court of Appeals for the Second Circuit issued a decision in Graziadio v. Culinary Institute of America.  In that decision, the Court held that the facts (when viewed in the light most favorable to the plaintiff) could lead a jury to conclude that the Culinary Institute of America’s Director of… Continue Reading

Federal Appeals Court Provides Employers With a Harsh Reminder to Carefully Draft Their FMLA Policies

Posted in Family and Medical Leave Act
Employers are likely well aware of the conditions that must be satisfied before an employee can be deemed eligible for leave pursuant to the Family and Medical Leave Act (“FMLA”): the employee has worked for the employer for at least 12 months; the employee has worked 1,250 hours in the 12 months preceding the leave… Continue Reading

The U.S. Department of Labor Announces a Revised Definition of “Spouse” Under the FMLA

Posted in Family and Medical Leave Act
The U.S. Department of Labor (“DOL”) today announced a change to the definition of spouse under the Family and Medical Leave Act (“FMLA”).  Under this new rule, which will be published later this week (on February 25, 2015), an employee in a legal same-sex marriage will be entitled to use FMLA leave to care for… Continue Reading

Understanding an Employer’s Obligations When Domestic Violence Affects the Workplace

Posted in Americans with Disabilities Act, Discharge and Discipline, Employment Discrimination, Family and Medical Leave Act, Occupational Safety and Health, OSHA
Over the past few months, the media has reported extensively about several incidents of domestic violence involving professional athletes.  While these high-profile cases generate huge attention, it is important to remember that domestic violence is a problem of epidemic proportion.  The Center for Disease Control and Prevention reports that 1 in 4 women and 1… Continue Reading

Be Prepared: Understanding the Impact That the Ebola Outbreak May Have on Employers

Posted in Americans with Disabilities Act, Family and Medical Leave Act, Occupational Safety and Health, OSHA, Workplace Illness
Two months ago, many Americans were unfamiliar with the term “Ebola.”  It’s amazing how quickly things can change.  Today, you cannot turn on your television or read a news article without hearing or seeing reference to this medical epidemic. The questions/answers set forth below are intended to assist employers with their own preparedness, as well as… Continue Reading

DOL Proposes to Expand the Availability of FMLA Leave to All Same-Sex Spouses

Posted in Family and Medical Leave Act
On Friday, June 20, 2014, the Wage and Hour Division for the U.S. Department of Labor (“DOL”) announced a proposed rule that would extend the spousal leave protections afforded by the Family and Medical Leave Act (“FMLA”) to include all eligible employees in legal same-sex marriages – regardless of where the employees live.… Continue Reading

Third Circuit Court of Appeals Holds That Supervisors May Be Subject to Individual Liability Under the FMLA

Posted in Family and Medical Leave Act
The Third Circuit Court of Appeals recently held, in Haybarger v. Lawrence County Adult Probation and Parole, that supervisors may be subject to individual liability under the Family and Medical Leave Act ("FMLA").  Although this Third Circuit decision is not binding on U.S. District Courts in New York or the Second Circuit Court of Appeals,… Continue Reading

DOL’s “Updated” FMLA Forms List New 2015 Expiration Date

Posted in Family and Medical Leave Act
The U.S. Department of Labor ("DOL") recently issued "updated" Family and Medical Leave Act ("FMLA") model notices and medical certification forms.  The prior notices and forms expired on December 31, 2011, but employers may now use the following DOL model notices and forms through February 28, 2015: Certification of Health Care Provider for Employee’s Serious… Continue Reading

U.S. Department of Labor Releases Three Fact Sheets Regarding Retaliation

Posted in Family and Medical Leave Act, Retaliation, Wage and Hour
Recently, the U.S. Department of Labor’s Wage and Hour Division released three new Fact Sheets on unlawful retaliation under the Fair Labor Standards Act ("FLSA"), the Family and Medical Leave Act ("FMLA"), and the Migrant and Seasonal Agricultural Worker Protection Act ("MSPA").  Although the Fact Sheets do not contain any new information on the prohibition against retaliation,… Continue Reading

Equitable Estoppel and the FMLA

Posted in Family and Medical Leave Act
A recent decision from the United States Court of Appeals for the Eighth Circuit raises an interesting issue: can an employer be held liable for interference with FMLA rights if it discharges an employee after giving the employee reason to believe FMLA leave has been approved -- even if the employee is not in fact entitled to FMLA leave?… Continue Reading

USDOL Interprets FMLA to Apply to Domestic Partners, Grandparents, and Other Individuals Providing Day-to-Day Care for Children

Posted in Family and Medical Leave Act
Recently the U.S. Department of Labor's Wage and Hour Division issued an Administrator's Interpretation clarifying the definition of "son or daughter" under Section 101(12) of the Family Medical Leave Act as it applies to an employee standing "in loco parentis" to a child. The Interpretation concludes that these rights extend to any individual who assumes the role of caring for a child, regardless of the legal or biological relationship.… Continue Reading

New Legislation Expands FMLA Leave Provisions Related to Members of the Military

Posted in Family and Medical Leave Act
Through the National Defense Authorization Act ("NDAA") Congress and the President have once again amended the FMLA's provisions related to members of the military. This time, the NDAA expands the availablity of "military caregiver leave" and "qualifying exigency leave." Employers should adjust their FMLA policies to account for the expanded leave availability.… Continue Reading