Search Results for: FMLA

Employees are often wrong about the FMLA.  

As employment lawyers we often talk with people (clients, friends and family alike) that think the Family and Medical Leave Act (“FMLA”) does things for them that it doesn’t.  Employment lawyers on both sides of bar agree that the Act can be one of the most nuanced and confusing employment statutes out there.  …

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The Case Law Firm recently received an order denying summary judgment in a lawsuit filed against an educational institution alleging violations of the Americans with Disabilities Act (“ADA”) and the Family & Medical Leave Act (“FMLA”), as well as a common law claim for the intentional infliction of emotional distress.

The district court correctly ruled that 1) the employee’s request for …

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7th Circuit Interprets “Caring for a Parent” to Include Last Wish Trip to Las Vegas

The Family and Medical Leave Act (“FMLA”) affords eligible employees the right to take twelve work weeks of leave “[i]n order to care for the spouse, or a son, daughter, or parent, of the employee, if such spouse, son, daughter, or parent has a serious health …

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Supreme Court Strikes Down Defense of Marriage Act:Implications for Gay Spouses under the Family Medical Leave Act

Last Wednesday, June 26, 2013, in the landmark 5-4 decision of United States v. Windsor, the U.S. Supreme Court struck down the federal Defense of Marriage Act (“DOMA”) as unconstitutional.  Signed into law in September 1996, DOMA defined marriage as …

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We’ve received lots of questions from employees about the coronavirus and their rights under the new Coronavirus Response Act.  To say that things are murky right now would be an understatement.  It’s no wonder employees are confused.  Below are some answers to common questions:

Q: Can my employer force me to come into the workplace?

A:  It depends.  If you work in …

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Congress passes Coronavirus Response Act to help employees weather this storm.

In addition to changing the way we work, the coronavirus has also created tension and unease (to put it mildly) for employees and business owners everywhere.  The fact that we are all in this together does little to ease the mind of an employee worrying about losing her job or …

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Given the horrible decision we reported on a couple of weeks ago, in which a district court shockingly ruled that termination because of menstruation was not unlawful discrimination, we thought it would be nice to report on a court that is getting things right.  A little antidote to the negative on this sunny Friday morning.  Specifically, the 11th Circuit Court …

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A Problematic Start with Good Intentions

While many are against some of the cuts that President Trump introduced last week in his budget proposal, others are enthusiastic about the included paid parental  leave plan. Trump’s paid parental leave plan gained him supporters during his campaign. However, prior to his budget proposal last week, the plan remained a mystery. Even though Trump’s plan will …

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Under What Circumstances are Job-Related Medical Inquiries Allowed

We’ve all been hearing a lot this campaign season about the relative health conditions of the candidates for President of the United States.  We have been privy to letters from doctors attesting to the well-being of both candidates as well as significant commentary about whether those letters are true and accurate.  Everyone, from …

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