In 2023, the U.S. Department of Labor’s Wage and Hour Division (WHD) published a fact sheet regarding certain protections that the Family and Medical Leave Act (FMLA) affords workers who take covered leave. One of the keys is that the FMLA “provides job-protected leave from work.” That protection means not…
Today, relationships are more complex than ever — including familial interactions and duties. An adult incapable of caring for herself may rely on a niece/nephew, sibling, cousin, or other non-parental relative to meet all her care needs. When that happens, the caregiver may need periods away from work. Workers and…
Welcoming a new child is often a joyous experience. It also can involve challenges that create a need to miss work. Taking an absence under the Family and Medical Leave Act may be an option for some. However, Employers and employees should note that not all pre-birth absences are covered…
A worker experiencing health difficulties presents challenges for the employee… and her employer. Employers should proceed carefully, ensuring that any potentially adverse actions they take do not run afoul of federal law. A misstep in this regard could harm not just the worker but also the employer’s business if it…
The Family and Medical Leave Act provides workers with many important statutory rights, including ones designed to protect employees from inappropriate workplace punishment for exercising their rights, or wrongful denial of benefits. These rights and protections are not unlimited, and they are not a “straitjacket” on employers preventing them from…
Whether you are a worker who needs to take time off from work or an employer, it is well worth your while to become familiar with the Family and Medical Leave Act (FMLA) and its rights and obligations. The FMLA offers essential rights to certain employees, but those rights are…
Sometimes, a worker’s requesting or taking Family and Medical Leave Act (FMLA) will cause an unethical employer to fire that employee wrongfully. Other times, though, a legally compliant employer legitimately needs to fire an employee on FMLA leave. Whether you are an employee caught in the former scenario or an…
The Family and Medical Leave Act grants substantial rights to workers and has the potential to impose significant penalties on employers who fail to comply with the law, as an employer in neighboring Alabama found out recently. Given how costly a violation can be (either to you as an employer…
The Family and Medical Leave Act (FMLA) creates several responsibilities for employers, not the least of which is proper FMLA-related recordkeeping. The law allows employers to use a rolling 12-month period to assess an employee’s entitlement to leave. That allowance, however, means that the employer must accurately monitor and record…
Whether you’re an employee or an employer, it is important to understand the rights and responsibilities set out in the Family and Medical Leave Act. It is also vital to know what you have to prove (as a worker) or disprove (as an employer) in a case of illegal retaliation…