Today, the U.S. Supreme Court ruled that the Defense Against Marriage Act is unconstitutional. This has some employment law implications. In states which recognize marriage equality, same sex spouses will have more rights. Let’s look at the FMLA first. The Family Medical Leave Act provides medical leave to employees to care for themselves or a […]
Category: FMLA
An Employer’s Duty Where There Is an Insufficient FMLA Medical Certification
In the last post, I mentioned that under the Family Medical Leave Act an employer has a duty to notify an employee that it requires medical certification and to provide an opportunity to cure any deficiencies. Let me elaborate. An employer may require medical certification of the serious health condition for which you are taking FMLA […]
Failure to Warn an Employee of Termination May Constitute FMLA Interference
When applying for leave under the Family Medical Leave Act, not only does the employer have a duty to notify an employee that it requires medical certification and provide an opportunity to cure any deficiencies, an employer must also inform the employee of the consequences of an employee’s failure to provide adequate certification. 29 C.F.R. […]
New 11th Circuit FMLA Decision Protects Pre-Eligibility Requests for Post-Eligibility Leave
The 11th Circuit recently held that an employee’s Family Medical Leave Act (“FMLA”) request made before she is eligible for FMLA leave is protected when the requested leave would take place after she beomes FMLA-eligible. Remember, to be eligible for FMLA leave, an employee must be employed for at least 12 months and must have […]
FMLA and Protections for Gay Parents-Revised
The Department of Labor has revised the protections under the Family and Medical Leave Act (FMLA) to protect parents of children even when the law does not recognize the parential rights. This was done under an interpretation of the FMLA. No Congressional action was required. Under the FMLA, employees can take upto 12 weeks of […]