Employment Law Blog

News, trends and analysis in employment law and HR

Showing posts for: Leave Laws

Photo of Sean Brown
Jun 03 2014
Leave Laws  

CALIFORNIA: Medical certification for CFRA more limited than federal FMLA

When an employer in California used the federal Family and Medical Leave Act (FMLA) medical certification form, it asked for more information than what is permitted under the California Family Rights Act (CFRA).

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Photo of Jon Benson
May 20 2014
Leave Laws  

Employer who attempted to retroactively rescind FMLA leave learns a tough lesson

In a recent case, a court ruled in favor of an employee on a federal Family and Medical Leave Act (FMLA) interference claim when the employer attempted to retroactively deny leave it had already granted and to recoup medical insurance premiums paid on the employee’s behalf.

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Photo of Lorraine Hoffman
May 09 2014
Leave Laws  

Limited communications with employee on leave okay

Question: One of our employees is on an FMLA leave of absence. Are we allowed to contact her at all?

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Apr 17 2014
Q&ALeave Laws

FMLA defines spouse according to state law

Q: Do we need to grant leave under the federal Family and Medical Leave Act (FMLA) for an employee to care for his partner, who is hospitalized in anticipation of the birth of the employee’s child?

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Photo of Lorraine Hoffman
Mar 03 2014
Leave Laws  

OREGON: Portland publishes clarifications regarding eligibility for Portland sick leave

The City of Portland has revised its FAQs regarding Portland’s Protected Sick Time Ordinance.

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Photo of Jon Benson
Jan 22 2014
DisabilityLeave Laws  

Poor performance alone does not require employer to investigate possible disability

After being terminated, an Amazon.com call center employee sued the company under the Americans with Disabilities Act (ADA). The employee claimed that her poor performance was due to her disabilities. Amazon was aware that the employee suffered from migraines and endometriosis, and had granted protected leave under the federal Family and Medical Leave Act (FMLA) for these conditions.

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Jan 09 2014
Q&ALeave Laws

Who qualifies as a child under the FMLA?

Q: Our employee would like to take time off to care for her niece, who has a serious health condition. The niece lives with the employee, but there’s no legal guardianship arrangement. Can the employee take FMLA leave in this situation?

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Nov 25 2013
Q&ADisabilityHiringImmigrationLeave Laws

Temporary workers—whose employee is this?

Q: We use a lot of workers that we obtain from a temporary services provider. What employment obligations do we have with respect to these workers since they’re not really “our” employees?

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