FMLA

Sometimes evidence that you have been discriminated against may be clear and direct. Other times evidence of discrimination may be indirect and is based on inference or presumption. In a recent case, Makowski v. SmithAmundsen, the 7th Circuit determined that a statement that reveals bias may be used as direct proof of job discrimination, and that…

A recent case determined that a man who was fired following surgery could bring a claim under the Family and Medical Leave Act (FMLA). The FMLA is a federal employment law that provides protection for eligible employees to take up to 12 weeks of unpaid leave from their jobs annually under certain circumstances. These include, but are…

Many times employees are afraid that if they take an approved leave under the Family and Medical Leave Act (FMLA), they won’t get their job back when they return. A recent case out of the Ninth Circuit has just determined that if an employer doesn’t give you your job back after an FMLA approved leave,…

A recent case determined that a man with alcoholism may bring a lawsuit against his employer for retaliation claims under the Family and Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA). Under the FMLA, employees battling “serious health conditions” may be able to take up to 12-weeks of unpaid leave. In the recent case, a male employee…

The Office of Personnel Management (OPM) has recently issued a memorandum requiring the federal government’s 24-hour leave without pay ((LWOP) family support policy be made available to federal employees’ same-sex domestic partners and their children. In 1997, the 24-hour LWOP policy was established while changes to the Family and Medical Leave Act (FMLA) were being discussed. The…

In a victory for non-traditional families, the Department of Labor, Wage and Hour Division has recently issued a clarification of what the terms “son” and “daughter” mean with the effect of broadening who is entitled to leave under the Family and Medical Leave Act (FMLA). Under the FMLA, an employee is entitled to 12 weeks of leave…

When Congress returns from its April recess, several significant employment and labor-related issues will be addressed. These include legislation prohibiting job discrimination based on sexual orientation and gender identity, fair pay and paid sick leave under the Family Medical Leave Act (FMLA). Under current law, Title VII prohibits employment discrimination on the basis of any…

Many people these days are seeking alternatives to standard medical treatments, many of which do not involve licensed physicians. Do those treatments qualify family medical leave under the FMLA? And what if the treatments are taken in such a way that they basically constitute a vacation? No and no, says a federal district court in Massachusetts.…