FMLA
FMLA’s 1250- Hour Requirement and Pre- Leave Retaliation
In order to be able to take an unpaid leave under the Family and Medical Leave Act (FMLA), you have to have worked 1250 hours over the previous year. Seems simple enough, right? Not so fast. Figuring in overtime, flex time, commute time, home office time, and everything else can make for a complicated formula.…
Read MoreAdditions to FMLA Proposed in Congress
Two bills were recently introduced into the United States Congress that, if passed, would have an important effect on the Family and Medical Leave Act (FMLA). Taken together, they would both expand the current effect of the bill and roll back some of the restrictions that the previous administration’s had imposed on that law. Under the FMLA,…
Read MoreFamily and Medical Leave Updated Poster
The U.S. Department of Labor recently updated its basic informational poster to reflect changes in the Fair Labor Standards Act, including the new military family leave entitlements enacted under the National Defense Authorization Act for Fiscal Year 2008, as well as changes in the Family Medical Leave Act (FMLA), all of which took effect on January 16th.…
Read MoreGrandfather Eligible for Leave to Care for Newborn Grandchild under FMLA
Under the Family Medical Leave Act (FMLA), a parent is entitled to take FMLA leave for the birth or care of a newborn child. An interesting twist on this issue was recently addressed by the Eleventh Circuit Court of Appeals (the federal appeals court with jurisdiction over the federal district courts of Florida, Georgia and…
Read MoreSixth Circuit Recognizes FMLA Retaliation Claim
The Family and Medical Leave Act (FMLA) contains an anti-discrimination provision that prohibits employers from discriminating against employees “for opposing any practice made unlawful” under the FMLA. However, the text of the FMLA does not contain an express provision that prohibits retaliation against an employee simply for requesting or taking FMLA leave, and aggressive employers…
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