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
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 would otherwise be entitled to, the employer may be
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
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 up to 12 weeks of unpaid leave during a 12-month period for their own serious
The 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 season, we wanted to pass along some rules on this topic.
HOLIDAYS
Even if a
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 had been required to continue health insurance during a maternity leave covered by the Family
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 condition of an employee or a listed family member. Second, leave is permitted for prenatal
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, pursuing fun in the sun while she was on FMLA leave ended up costing her