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 …
Category Archives: FMLA
Subscribe to FMLA RSS FeedIt’s Not FMLA Unless I Say So!
Posted in FMLA, Wage and Hour
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 …
Public Employers Dealing with Employees with Disabilities Can Feel Like Being Stuck on the California Freeways
Posted in Disability, FMLA
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 …
Influenza Season Strikes Again: What Employers Should Do to Minimize the Effects on Your Workforce
Posted in FMLA
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 …
New CFRA Regulations Impacting Family and Medical Leave Will Be Effective July 1, 2015
Posted in Employment, FMLA
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 …
Designating FMLA Leave in the Aftermath of Escriba v. Foster Poultry Farms
Posted in FMLA
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 …
It’s Not FMLA Unless I Say So!
Posted in FMLA
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 …
Ferreting Out Family Medical Leave Act Fraud: Practical Ways to Discover and Prevent FMLA Misuse
Posted in FMLA
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 …
What Happens in Vegas Might Be Covered by the FMLA
Posted in FMLA, Personnel Issues, Workplace Policies
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 …
FMLA Family Military Leaves Expanded And New Posting Requirement Goes Into Effect March 8, 2013
Posted in FMLA
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 …
Will The End Of Summer See The Expansion Of The California Family Rights Act
Posted in CFRA, FMLA
Last week, the California State Assembly passed Assembly Bill 2039, which would extend the rights of state, local agency, and private sector employees to claim protected family leave. The California Family Rights Act (“CFRA”) currently provides qualifying employees with …
How To Calculate FMLA Leave During The Holidays
Posted in FMLA, Personnel IssuesThe blog FMLA Insights recently commented on how to calculate FMLA leave during a week when a holiday occurs or when the employer is closed for a period time. Since we also get questions about this issue during the holiday …
California Legislature Fills Gap: Continuation Of Health Insurance Now Required Through Entire Four Month Maternity Leave
Posted in CFRA, FMLA
A gap that existed in California law concerning continuation of health insurance coverage during maternity leave has now been filled by the California legislature. Effective January 1, 2012, health insurers will be required to cover maternity benefits and employers who …
Reinstatement Rights Under CFRA/FMLA Not A Guarantee
Posted in CFRA, FMLA
The federal Family and Medical Leave Act of 1993 (FMLA) and the California Family Rights Act of 1993 (CFRA) provide leave and maintenance of health benefits to eligible employees in three situations. First, leave is permitted for the serious health …
Margaritas And Medical Leave
Posted in FMLA
The summer months bring to mind barbeques, baseball games and vacations. As the weather warms, many of us would much rather spend our days in the great outdoors instead of in our offices. However, for one employee in New Jersey, …
ADA And FMLA: How They Overlap
Posted in Disability, FMLAWe get questions…
An employer called with this inquiry: “one of our employees has been on leave under The Family & Medical Leave Act (FMLA) for a serious health condition and the 12 weeks have expired. The employee has not …
Six Million Dollar Settlement Is A Reminder Of The Importance Of Complying With The California Family Rights Act
Posted in CFRA, FMLA, Personnel Issues, Workplace Policies
The California Department of Fair Employment and Housing (DFEH) and Verizon Services Corporation, which employs more than 7,000 people, agreed to settle a class action lawsuit challenging the company’s handling of family medical leave requests under the California Family Rights …
Does FMLA Provide Unwed Parents With Greater Leave Time Than California Law? It Appears So!
Posted in Employment, FMLAEvery once in awhile we run across an unexpected twist in the law. This happened recently when a client called asking how much “baby bonding leave” the agency must provide where two of its employees, who were not married to …