Category Archives: Leave

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Sad Dad Wants Paid Leave to Care for Newborn Lad; Employer’s Leave Policy Is Not So Rad; ACLU Gets Mad

Can 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 weeks of paid … Continue Reading

EEOC To Employers: Requiring Employees to Return to Work with “No Restrictions” Could Get You Sued

Before the Americans with Disabilities Act (and there was a time before the ADA), it was not uncommon to require employees to have a doctor’s note returning them to work “with no restrictions.” That won’t work in today’s ADA world, and the EEOC’s recent complaint against M&T Bank Corporation in New York provides a clear reminder. … Continue Reading

Don’t Be Chatty about FMLA Leave

If you’re not careful, a casual reference to an employee’s FMLA leave might give rise to an FMLA interference claim. A recent Florida case, Holtrey v. Collier County Bd. of Commissioners, reminds us that you can get into trouble—and violate an employee’s rights—despite proper record keeping if an employee with access to those records discloses … Continue Reading

A Diamond in the Rough (Part 2): What the Eleventh Circuit Said about FMLA Retaliation Claims

My 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 … Continue Reading

A Diamond in the Rough (Part 1): FMLA Intermittent Leave and Interference Claims Per the Eleventh Circuit

Managing 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 … Continue Reading

What Employers Can Expect from the New Administration – Part 2: Immigration, the Affordable Care Act & Social Issues

In our second in a three-part series on what to expect from the Trump administration, we discuss immigration policy and the Affordable Care Act (ACA), as well as what may be in store for parental leave, marriage equality and transgender bathrooms. 1. Immigration During the campaign, Mr. Trump signaled that his administration would take a … Continue Reading
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