Tag Archives: Family and Medical Leave Act

OSHA’s Reporting Rule Rollback, CA’s Salary History Ban, NYC’s Temporary Schedule Change Law, Model FMLA Forms Expired – Employment Law This Week

Featured on Employment Law This Week: OSHA plans to roll back a controversial reporting rule initiated at the end of the Obama administration.

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UPDATE: Model FMLA Forms Expiration Date Extended

The expiration date for the U.S. Department of Labor’s (“DOL”) model Family and Medical Leave Act (“FMLA”) notice and medical certification forms has once again been extended. The new expiration date is now August 31, 2018. Expiration dates are located at the top right corner of the model FMLA forms.

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Alert: Model FMLA Forms Set to Expire

The U.S. Department of Labor’s (“DOL”) model Family and Medical Leave Act (“FMLA”) notices and medical certification forms expire on July 31, 2018. However, the new model forms have not yet been released. The current FMLA forms were originally due to expire on May 31, 2018, but the expiration date was first extended to June 30, 2018 and then to July 31, 2018.

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Ivanka and Rubio Partner On Paid Family Leave Proposal

Senator Marco Rubio (R-FL) and first daughter Ivanka Trump have teamed up to develop a paid parental leave program in the United States.  While the plan is in its infancy, Senator Rubio reportedly envisions a plan similar to a proposal from the Independent Women’s Forum, calling for a parental leave program funded by new parents’ future Social Security benefits.  Under that proposal, parents could receive up to 12 weeks of benefits to take paid leave at any time in the first year of their new child’s life in exchange for what the Independent Women’s Forum hopes would be six weeks of Social Security benefits in the future.

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New Illinois Law Provides For Unpaid Child Bereavement Leave

Kellie Chen Kellie Y. Chen

On July 29, 2016, Governor Rauner signed the Child Bereavement Leave Act (the “Act”), making Illinois one of only two states (Oregon being the first in 2014) to require covered employers to provide unpaid leave in the event of the death of an employee’s child.  The Act, effective immediately, requires employers with 50 or more employees to provide employees with up to two weeks (10 working days) of unpaid leave, also known as child bereavement leave.

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FMLA Certifications: What Do With an Incomplete or Insufficient Certification

By Anna A. Cohen         

A common complaint from retail employers is that employees requesting FMLA leave often submit Certifications from health care providers that are incomplete (one or more of the entries are blank) or insufficient (the information provided is vague, ambiguous, or non-responsive).  Employers are not required to automatically grant a leave of absence upon receipt of a deficient Certification.  Rather, there are several things an employer can do to ensure that it is granting leave for a qualifying reason and for an appropriate duration.  

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Labor and Employment Alert: FMLA’s expanded leave regulations

The Department of Labor (DOL) celebrated the Family and Medical Leave Act’s (FMLA) 20th anniversary by issuing updated regulations, optional notice and certification forms, and a new FMLA poster. (http://www.dol.gov/whd/fmla/2013rule/)

The FMLA applies to all public agencies, including state, local and federal employers, local education agencies (including schools), and private sector employers who employed 50 or more employees in 20 or more workweeks in the current or preceding calendar year. Most covered employers are well aware of the FMLA provisions that entitle qualifying employees to 12 weeks of unpaid, job-protected leave in a 12-month period for certain events such as: the birth of a child or the placement of a child for adoption or foster care; to care for a spouse, child, or parent with a serious health condition; or the employee’s own serious health condition.

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Eighth Circuit Again Deconstructs FMLA Constructive Notice

This year marks a decade for employers in the Seventh Circuit dealing with the difficult concept of “constructive notice” for an employee’s Family and Medical Leave Act leave. But the Eighth Circuit recently again questioned whether that rule is still legitimate.

First, a reminder. The Family and Medical Leave Act allows for an employee to take up to 12 weeks of unpaid leave from work for certain circumstances. Those include the employee’s own or a close family member’s serious health condition. An employee bears the burden of notifying its employer of the need for leave. Where the need for leave is unforeseeable, the employee must do so “as soon as practicable.”

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FMLA Updated Notices Should be Posted This Week!

By:  Kara Maciel and Elizabeth Bradley

On March 8, 2013, amendments to the Family and Medical Leave Act (“FMLA”) take effect which change the provisions governing military caregiver leave for veterans, qualifying exigency leave for paternal care, and job-protected leave for airline personnel and flight crews.

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Lori Adelson authors article on FMLA for WestlawNext

Arnstein & Lehr Attorney Lori Adelson

Lori Adelson

Arnstein & Lehr Fort Lauderdale Partner Lori Adelson has published another article for WestlawNext in Practitioner Insights. The article, titled “Employee Has Remedies if Employer Violates FMLA,” discusses remedies for violations of the Family and Medical Leave Act, which include an award of damages and possible injunctive relief. Ms. Adelson writes that an employer is liable to eligible employees for compensation and benefits lost by reason of the violation, for other monetary losses sustained as a direct result of the violation, and for appropriate equitable relief, including employment, reinstatement and promotion.

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