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The Family and Medical Leave Act (FMLA) continues to baffle lawyers and HR professionals. But sometimes a riddle brings welcome news, as we see in a recent decision from the U.S. 5th Circuit Court of Appeals (the federal court of appeals covering Texas). Read on. Where’s the Beef? Virginia Adams worked for Columbia/HCA Hospital. She […]
Q Can a pregnant employee start their 12 workweeks of Family and Medical Leave Act (FMLA) leave before delivery, and if so, will this shorten their amount of postpartum leave? Yes, if eligible, a pregnant employee may take their FMLA leave before the delivery of their child. For context, the FMLA is the federal law that […]
Q: Can a pregnant employee start her 14 weeks of Family and Medical Leave Act (FMLA) leave before delivery, and if so, will this shorten her amount of postpartum leave? The FMLA guarantees 12 weeks of unpaid leave within a 12-month period. For pregnant employees taking leave to bond with their newborn child, this period […]
The Family and Medical Leave Act (FMLA) became the law in 1993. That’s more than 30 years ago. You’d think all questions about it would have been answered years ago by all federal appeals courts. But trust me, that’s not how the law works! A 2024 case from one of the largest appeals courts in […]
Q Our company employs EMTs, nurses, nurse practitioners, and doctors to provide on-site medical care at locations like construction sites, infrastructure projects, and manufacturing plants. They may not always have another assignment right away but are usually interested in future assignments with the company. In terms of payroll, to avoid repeated extensive onboarding, should we lay […]
As many employers discovered during the COVID-19 pandemic, one of the most complex components of leave can be whether an employee’s health insurance is continued throughout the leave or whether, according to the health insurance contract, it ends if an employee doesn’t meet certain minimum weekly hours worked. Issues of this type can occur during […]
As we continue to strive for gender equality in the United States, in the case of parental leave, men are falling behind. According to the Society for Human Resource Management (SHRM), only 32% of U.S. companies offer paid paternity leave, and the process for establishing paternity leave varies by state. Florida has no state-specific law […]
Question: An employee who has been approved for intermittent Family and Medical Leave Act (FMLA) leave to care for his mother is asking for two days off to bring his mother to his cousin’s funeral in another state. Would this also be covered under the FMLA? Answer: The employee may be covered under their FMLA […]
Good timing can mean the difference between success and failure, and waiting too late can cost you—as a transit employee discovered the hard way. Although this case comes from a different state, it’s still helpful when defending Family and Medical Leave Act (FMLA) claims in Texas. Chronic Serious Health Condition As a threshold matter under […]
Question: We have an employee who took four days off to tend to his daughter in the hospital after she received a C-section and another who wants to take three weeks off to assist her sibling going through chemotherapy. Would the absences in both scenarios fall under the Family and Medical Leave Act (FMLA)? Answer: […]