FMLA

White House Seeks Funding for Employment Law Enforcement

The White House’s fiscal year 2012 budget request to Congress, released Feb. 14 by the U. S. Office of Management and Budget, reflects the administration’s ongoing determination to fuel its enforcement of federal employment laws.

Alcoholism Not Covered by FMLA Unless Employee Is in Treatment, 7th Cir. Rules

Absences caused by the use of alcohol — rather than treatment for alcoholism — are not covered under the Family and Medical Leave Act, as a recent ruling from the 7th U. S. Circuit Court of Appeals illustrates.

Obama Nominates Justice Dept. Attorney to Lead Wage and Hour Division

President Obama told Congress Dec. 2 that he will nominate Leon Rodriguez to head the Wage and Hour Division at the U. S. Department of Labor.

That job has been vacant during the entire Obama administration so far.

DOL Partners With American Bar Association to Enforce FLSA, FMLA

The U. S. Department of Labor’s Wage and Hour Division and the American Bar Association are entering into a partnership to help process complaints received by WHD from all over the country about employment law violations.

Calif. Court: Employer Call-in Procedures Must Be Followed

Employees must follow their companies’ call-in procedures for reporting absences and tardiness, a California appeals court ruled, emphasizing a Family and Medical Leave Act rule that was tightened in favor of employers by the January 2009 regulations.

Loose Talk About Employee’s Illness May Support FMLA Claim, 9th Cir. Rules

 An employee may have a valid claim under the Family and Medical Leave Act even if she had not requested leave but her employer knew of her cancer and discussed the prospect that she might take FMLA leave, a federal appeals court has ruled.

Minimum Notice May Trigger FMLA Protections, Appeals Court Holds

An employee who complies with the Family and Medical Leave Act (FMLA) notice provisions may obtain the law's protections even if the employee does not comply with the employer's stricter notice policies, the 5th Circuit U.

Vague Leave Request Not Enough to Avoid Discharge, Appeals Court Holds

An employee cannot avoid discharge for insubordination for violating company orders on the ground that because the employer knew of a prior medical condition it was on notice of his need for more Family and Medical Leave Act (FMLA) leave, the 6th Circuit U.

Daughter's Pre-surgery Condition Irrelevant to FMLA Claim, Court Finds

A jury trial has been ordered on an employee's claim that she was entitled to Family and Medical Leave Act (FMLA) leave to care for her daughter after her surgery left her unable to care for herself.

Emergency Dispatcher Not Entitled to Long-term Intermittent FMLA Leave, Eighth Circuit Holds

An emergency dispatcher did not have a right to long-term intermittent leave under the Family and Medical Leave Act (FMLA), since such a prolonged absence would have rendered her unqualified for duty, the 8th Circuit U.

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