FMLA

COVID-19 Client Advisor (July 27, 2020)

Its been a busy week. Perhaps the most significant development since our last Advisor is the Governor’s passage on Friday of a new travel advisory mandating a 14 quarantine. Also on Friday, the House passed its version of the police reform legislation by a vote of 93 to 66 following several days of debate. The [...]

2020-07-28T00:09:21-04:00July 28th, 2020|Categories: Blog, COVID-19|Tags: , , , , , |

COVID-19 Client Advisor (July 1, 2020)

We have been hearing from a number of clients who are facing new challenges related to employee travel/vacations and an increase in requests for FFCRA leave related to a lack of child care. If you have been focused on these issues as well, you are not alone. On June 26, 2020, the U.S. Department of [...]

FFCRA Leave Amid School and Camp Closures

U.S. DEPARTMENT OF LABOR ISSUES GUIDANCE ON CHILD LABOR; PAID SICK AND EXPANDED FAMILY AND MEDICAL LEAVE AMID SCHOOL AND CAMP CLOSURES On June 26, 2020, the U.S. Department of Labor issued two Field Assistance Bulletins to clarify issues relevant to the pandemic’s effects on the workplace. Of particular interest to employers is Field Assistance [...]

2020-07-01T01:45:21-04:00June 27th, 2020|Categories: Blog, COVID-19, Employment|Tags: , , , , , , |

SJC Ruling: Taking A Vacation Not Presumed An Abuse Of FMLA

In DaPrato v. Massachusetts Water Resources Authority, the Supreme Judicial Court (SJC) upheld a superior court jury verdict and judgment to an employee who was terminated for going on vacation while out on Family Medical Leave Act (FMLA) leave following foot surgery. The decision makes clear that an employer should not automatically presume that an employee [...]

2019-11-26T16:45:05-05:00August 4th, 2019|Categories: Blog, Employment|Tags: , |

Department of Labor Issues Advisory Clarifying Position On Designating FMLA

On March 14, 2019, the Wage and Hour Division (“WHD”) of the Department of Labor (“DOL”) issued an opinion clarifying the DOL’s position on designating and taking leave under the Family Medical Leave Act (FMLA). According to the opinion, employers may NOT delay the designation of FMLA-qualifying leave “even if the employee would prefer that the [...]

2019-09-09T20:13:25-04:00April 4th, 2019|Categories: Education, Employment|Tags: , |

Personal Liability For FMLA Violations Revisited

In April 2016, we advised that the Second Circuit Court of Appeals ruled that a Director of Human Resources (HRD)could exercise sufficient control over an individual’s employment to be subject to individual (personal) liability under the Family Medical Leave Act (FMLA). Graziadio v. Culinary Institute of America et al., 817 F.3d 415 (2016). At the [...]

2018-08-05T16:33:44-04:00May 31st, 2017|Categories: Blog, Employment|Tags: , , |
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