Teach Your Children Well: DOL Issues Opinion Letter that Attending Child’s IEP School Meeting Is Covered by FMLAIf an employee asks for time off to attend a meeting at his or her child’s school, is that covered by FMLA? Maybe not but it depends on the nature of the meeting. If the child is disabled and the school meeting is for the child’s IEP, according to a recent opinion letter from the

Treat Dad Fairly, Too:  JPMorgan Chase Settles Claims of Gender Bias in Parental Leave ProgramIn May, JPMorgan Chase entered into a class action settlement regarding allegations that it treated male employees differently than female employees under the company’s parental leave program. On its face, the terms of the program appeared to be gender-neutral: 16 weeks of paid leave for “primary caregivers” and two weeks of paid leave for “secondary

Crosstown Traffic! Facts Surrounding Employee’s ADA/FMLA Request to Avoid Bad Traffic Not Enough Not all requests for accommodation or FMLA leave will fit into neat boxes like “pregnancy” or “knee surgery.” Because the ADA definition of a disability includes any impairment that affects a major life function, employers are starting to see some more creative requests around the margins. In Trautman v. Time Warner Cable Texas, LLC,

FMLA-Covered 15-Minute Rest Breaks Are Not Compensable

Last July, we posted on the U.S. Department of Labor’s announcement that it was reviving its practice of publishing opinion letters as guidance on wage and hour issues, which the Obama Administration halted in 2010. After leaving us all on pins and needles for months, the DOL has

The Case of the Breastfeeding Narc: 11th Circuit Confirms Lactating Employee is Covered Under Pregnancy Discrimination ActDoes an employee’s protection under the Pregnancy Discrimination Act (PDA) stop when the employee ceases to be pregnant?  The 11th Circuit Court of Appeals was confronted with this question in Stephanie Hicks v. City of Tuscaloosa, in which Ms. Hicks, a police officer who returned from maternity leave and unsuccessfully sought some accommodation

Sad Dad Wants Paid Leave to Care for Newborn Lad; Employer’s Leave Policy Is Not So Rad; ACLU Gets MadCan an employer distinguish between moms and dads when granting paid parental leave for care for a newborn? Bank JP Morgan appears to believe so. Derek Rotondo requested parental leave when his wife was expecting their second child. Under JP Morgan’s policies, mothers are by default considered primary caregivers and are automatically entitled to 16

family leaveMy last post talked about Diamond v. Hospice of Florida Keys and what the Eleventh Circuit said about FMLA interference claims. As promised, this post will look at the Diamond decision’s take on the FMLA retaliation front.

Refresher on Ms. Diamond’s Case

Recall that Jill Diamond, a social worker for Hospice of Florida Keys, was

FMLA actManaging intermittent FMLA is every employer’s nightmare (or is it just me?). Employees are entitled to take leave and operations folks find it difficult to keep the trains running on time with employees who don’t show up every day. Employers try to keep a tight rein on it— requiring employees to submit medical certifications, seeking