Category Archives: FMLA

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When to Say When? Fifth Circuit Rules on When an Accommodation Isn’t Working

In a published opinion, the Fifth Circuit has held that an employee’s poor performance in a light-duty position can relieve the employer from any further obligation to find a reasonable accommodation under the Americans with Disabilities Act (ADA). This opinion highlights the importance of the interactive process, and emphasizes that both the employer and the … Continue Reading

Dollar General’s Firing of Employee on Leave Did Not Violate the ADA or FMLA

A recent Eleventh Circuit case under the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA) approved Dollar General’s termination of an employee on leave. The timing of Dollar General’s decision could not have been worse (at least from a lawyer’s perspective)—the employee was still on leave for cancer treatment when … Continue Reading

Dates are Important: Eleventh Circuit Says FMLA Leave is Unavailable after Temporary Job Ends

In an important decision for employers with temporary employees, the Eleventh Circuit recently held that the Family Medical Leave Act does not apply after an employer terminates the temporary employee. Janet Skotnicki, a former nurse at the University of Alabama at Birmingham (UAB) Hospital, alleged UAB violated federal and state law when it denied her … Continue Reading

President Obama Jumps On Netflix Bandwagon And Mandates Paid Sick Leave For Federal Contractors

In early August, Netflix announced that in addition to offering unlimited sick and vacation days, it would also allow employees to take unlimited paid parental leave. Refusing to be upstaged by the private sector, on Labor Day President Obama signed an Executive Order requiring all businesses that contract with the federal government to begin providing their … Continue Reading

Happy Birthday ADA and How We Can Celebrate

The Americans with Disabilities Act (ADA) is 25 years old this year. I was a newly minted lawyer when this law emerged in 1990 and as I have grown, so have the number of disability discrimination lawsuits. In celebration of the ADA’s birthday, I thought we could celebrate with a quick review of an employer’s … Continue Reading

Video Interview: Discussing What the Supreme Court’s Same-Sex Marriage Ruling Means for Employers

Same-sex marriage is now legal throughout the United States. Now what? Immediate changes are being made on a federal level including federal IRS tax withholdings and the Family and Medical Leave Act (FMLA) to be sure that same-sex marriages are treated the same as heterosexual marriages. The biggest change that employers need to be concerned … Continue Reading

What the Supreme Court’s Same-Sex Marriage Ruling Means for Employers

On Friday, the Supreme Court of the United States issued its long-awaited opinion in the Obergefell case, striking down bans on same-sex marriage as unconstitutional and legalizing same-sex marriage in every state. We posted earlier this year that a federal district court struck down Alabama’s same-sex marriage ban as unconstitutional, after which counties began issuing marriage … Continue Reading

Plaintiff Alleges Violation of FMLA for Being Required to Show Mastectomy Scars Before Returning to Work

In a Complaint recently filed in a Florida federal court (Andrea Santiago v. Broward Health), social worker Andrea Santiago alleged that her employer, Broward Health, violated the FMLA when it refused to waive a policy requiring employees who took FMLA leave for surgery to allow an in-house medical clinic to examine their wounds before being … Continue Reading

Video Interview: Discussing the Ramifications of Extending FMLA Rights to Same-Sex Couples

On Tuesday night, the Alabama Supreme Court ordered the state’s probate judges to stop issuing marriage licenses to same-sex couples. Last month, a U.S. federal judge in Alabama ordered an Alabama official to issue marriage licenses to same-sex couples, despite Alabama Chief Justice Roy Moore’s urging to probate judges to ignore the federal ruling. The Alabama Supreme … Continue Reading

Alabama’s New “I Do”: Same-Sex Marriage, the FMLA, and Employee Benefit Considerations

Alabama probate judges began issuing marriage licenses and presiding over ceremonies for same-sex couples a few days ago. The landmark occasion follows a recent ruling out of the Southern District of Alabama that struck down the state’s ban on same-sex marriage. On Monday morning, February 9, just before the first “I do’s” were said across … Continue Reading

You Must Be Sober For More Than A Week To Keep Your Truck Driving Job

If a commercial driver is diagnosed with chronic alcoholism, can his employer terminate him a week later because his diagnosis excludes him from performing the essential functions of his job? In Jarvela v. Crete Carrier Corp., the Eleventh Circuit said yes. Crete Carrier terminated Jarvela because of his week-old diagnosis, determining that he was in … Continue Reading

Requiring Employees to Work on Maternity Leave Could Interfere with FMLA Rights

If an employee claims her employer interfered with her rights under the Family and Medical Leave Act (FMLA), but she didn’t lose any salary or benefits, can she win her case? In Evans v. Books-A-Million, the Eleventh Circuit Court of Appeals says maybe. Tondalaya Evans, Books-A-Million’s Payroll and Insurance Manager, was to begin her maternity … Continue Reading

Employers: Send Your FMLA-Related Notices via Certified Mail

Send your Family and Medical Leave Act (FMLA) notices to employees via certified mail or risk having your summary judgment motion denied—that’s the message from U.S. Third Circuit Court of Appeals in Lupyan v. Corinthian Colleges, Inc. Lupyan, an instructor for Corinthian Colleges, Inc. (CCI), request personal leave and actually took more than 12 weeks. … Continue Reading

President Obama Strikes (Signs) Again with the Fair Pay and Safe Workplaces Order

Employers will have to report previous labor law violations to bid for federal government work beginning soon. On the heels of President Obama’s executive order prohibiting LBGT discrimination by federal contractors, the President signed yet another executive order—this one requiring disclosure of labor and employment violations from the previous three years. Areas included are: wage … Continue Reading
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