Section Newsletters

Articles on Family and Medical Leave Act

Short FMLA-based breaks may not be compensable By Michael R. Lied Labor and Employment Law, September 2018 The U.S. Department of Labor issued an opinion regarding whether a non-exempt employee’s 15-minute rest breaks, which are certified by a health care provider as required every hour due to the employee’s serious health condition and are thus covered under the Family and Medical Leave Act, are compensable or non-compensable time under the Fair Labor Standards Act.
Illinois families deserve more: The case for paid family leave By Bridget Duignan Women and the Law, February 2016 The time has come for Illinois to embrace what should be a very basic way to preserve our family structure and grow our family values--by instituting mandatory paid family leave.
Maternity leave in the media: How revised parental leave policies measure up By Jessica C. Marshall Women and the Law, November 2015 An overview of the Family Medical Leave Act and paternity and maternity policies in our country.
Successful application of the Family Medical Leave Act: Lessons learned from McClelland v. CommunityCare HMO, Inc. By Lisle A. Stalter Local Government Law, May 2013 McClelland v. CommunityCare HMO, Inc. an unpublished Tenth Circuit opinion and its district court case, provides good guidance on appropriate process and procedure to protect employers on the application of FMLA.
Military-related FMLA provisions By Paul Thompson Government Lawyers, December 2012 Within the FMLA provisions are benefits framed specifically for members of the armed forces in order for family members: (i) to care for a seriously injured or ill service-member; and (ii) to assist with the civil affairs of a mobilizing, deployed or returning service-member. While the policy intent of the first rationale is readily apparent to enable an immediate relative to care for the returning veteran who is injured or ill, the second rationale’s underpinnings in civil relief may not be as easily intuitive.
Case dismissed when plaintiff fails to sign settlement agreement By Michael R. Lied Labor and Employment Law, October 2011 In this case, the parties intended to enter into a settlement agreement and did so at the conclusion of an April 25, 2009 conference. In fact, the plaintiff affirmed her understanding of the settlement terms and indicated her acceptance of those terms on the record.
New decisions highlight employer duties under Family & Medical Leave Act By Mandy Combs Labor and Employment Law, December 2008 Two decisions issued this month by the U.S. Court of Appeals Chicago are focusing new interest on employers’ responsibilities under the Family & Medical Leave Act (“FMLA”), 29 U.S.C. §§ 2601-2654.
Expanded FMLA coverage is effective immediately!! By Ellen M. Girard Corporate Law Departments, March 2008 On January 28, 2008, President Bush expanded the Family and Medical Leave Act (“FMLA”) when he signed into law the National Defense Authorization Act for Fiscal Year 2008.
Proposed FMLA revisions are a “mixed bag” and provide employers almost no guidance regarding new Family Military Leave By Ellen M. Girard Corporate Law Departments, March 2008 On February 11, 2008, the Department of Labor (“DOL”) issued proposed revisions to the federal FMLA regulations and identified issues for comment under the new FMLA categories concerning family military leave.
Employment Law Update: Standard of review expanded for employees in retaliation claims involving FMLA By Donald A. LoBue General Practice, Solo, and Small Firm, October 2006 The case of Richardson v. Monitronics International, Inc., from the vs. Fifth Circuit Court of Appeals has held that the traditional McDonnell-Douglas Corporation v. Greene burden-shifting framework was not the correct standard of review in a retaliation case under the Family Medical Leave Act.
Arbitrator had authority to decide Family Medical Leave Act issues By Joseph M. Gagliardo Federal Civil Practice, May 2004 In Butler Manufacturing Co. v. United Steelworkers of America, 336 F.3d 627 (7th Cir. 2003), Butler, the employer, brought an action to vacate an arbitration award entered pursuant to a collective bargaining agreement ("CBA") between Butler and the United Steelworkers of America ("Union").
Appeals Court rules that FMLA regulation is invalid By Sharon R. Cohen & Kathleen Rosenow Corporate Law Departments, December 1999 In Cox v. AutoZone, Inc., the U.S. Court of Appeals for the 11th Circuit ruled that a portion of the Family and Medical Leave Act (FMLA) regulations was invalid.

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