This blog was authored by Lisa S. Charbonneau.
Should your agency permit employees to use their available paid leave accruals prior to designating leave as Family Medical Leave Act (FMLA)-qualifying, even if your agency knows the leave is FMLA qualifying from the start? A new Department of Labor (DOL) Opinion Letter issued by the
This blog post was authored by Jennifer Rosner.
In a 2014 decision of the U.S. Court of Appeals, the Ninth Circuit Court in California held that an employee can affirmatively decline to use leave under the Family Medical Leave Act (“FMLA”). However, buyer beware! If an employee affirmatively declines to use FMLA to which
Fans of the late night television show Saturday Night Live probably have seen the recurring sketch called, “The Californians.” “The Californians” is a soap opera, and the characters portray Californian stereotypes, such as poking fun at the way Californians speak and drive and their obsession over traffic. One of the recurring jokes is that Californians
This blog was authored by Lisa S. Charbonneau.
Flu season is upon us again. This year hospitals across California have reported unusually high numbers of patients with flu-like symptoms and news outlets say this flu season is on track to being the worst in 10 years. What, if anything, can employers do to
This blog post was authored by Connie C. Almond and Danny Yoo
In 2008, the U.S. Department of Labor issued revised regulations interpreting the federal Family and Medical Leave Act (“FMLA”). Since then, California employers have been left uncertain as to which of the changes the Department of Fair Employment and Housing would adopt for
When the Ninth Circuit Court of Appeals, which covers California, issued its decision in Escriba v. Foster Poultry Farms last year, the decision was viewed as a victory for employers. Now, however, the decision is raising more questions than answers as employers struggle with designating FMLA leave.
In Escriba, an employee declined to use
This blog post was authored by Jennifer Rosner.
In a recent decision of the U.S. Court of Appeals, the Ninth Circuit Court in California held that an employee can affirmatively decline to use leave under the Family Medical Leave Act (“FMLA”). However, buyer beware! If an employee affirmatively declines to use FMLA that he/she
Do you have that employee who takes intermittent Family Medical Leave Act (FMLA) leave and is usually out on Mondays and Fridays? What about the employee on an extended FMLA leave who is going to school full-time? Is it possible for employers to verify FMLA abuse and prevent it? Although FMLA leave is highly protected
The FMLA provides an eligible employee the right to 12 workweeks of leave to care for the employee’s spouse, child or parent with a serious health condition. Consequently, employers generally grant employee requests to use FMLA leave when their family member receives medical treatment or undergoes a surgical procedure. What happens when an employee requests
This guest post was authored by Steven Tang
FMLA-covered entities will soon have to update their FMLA materials. The U.S. Department of Labor (DOL) recently expanded and revised FMLA regulations with the changes going into effect March 8, 2013.
The new regulations expand leave rights for family military leave and clarify rules for the application