Published: July 24, 2017

In an opinion issued July 19, the Second Circuit vacated a jury verdict in favor of the employer, ruling that the district court judge had instructed the jury to use an incorrect standard of proof under the Family and Medical Leave Act. Woods v. START Treatment & Recovery Centers, Inc., No. 16-1318 (2d Cir. July 19, 2017). The correct causation standard, the Court held, was not whether the employer would not have fired her “but for” her exercise of rights under the FMLA.

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Published: January 6, 2017

The saga of former Attorney General Kathleen Kane continued in the courts on January 4, 2017 when Judge Sylvia Rambo (Middle District of Pennsylvania) dismissed an FMLA claim brought against her by a former investigator. In his Complaint, the investigator claimed that Kane retaliated against him for taking FMLA leave by placing him on paid administrative leave.  His leave began in June 2015; as of June 2016, he was still on paid administrative leave, with no reason for the leave and no expiration date.

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Published: March 7, 2013

This year marks a decade for employers in the Seventh Circuit dealing with the difficult concept of “constructive notice” for an employee’s Family and Medical Leave Act leave. But the Eighth Circuit recently again questioned whether that rule is still legitimate. First, a reminder. The Family and Medical Leave Act allows for an employee to take up to 12 weeks of unpaid leave from work for certain circumstances. Those include the employee’s own or a close family member’s serious health condition. An employee bears the burden of notifying its employer of the need for leave.

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Published: November 19, 2012

Workplace situations involving domestic violence are fact-intensive and the liability an employer faces will likely be complex.

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Published: November 13, 2012

Citizens of Wisconsin and many surrounding areas are very familiar with our state’s long tradition of deer hunting in November. Here, it is often a rite of passage for parents to take their kids out for a few days off in the woods. In the weeks leading up to hunting season, many also spend their every waking moment away from work preparing stands and land for the week of gun season. This year, Wisconsin’s gun season is from November 17, 2012 through November 25, 2012. Employers with a workforce population that participates in deer hunting season know this can be a complicated time of year.

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Published: June 21, 2012

Many companies seem to notice an interesting trend that creeps up every June and lasts until mid August, or sometimes into the opening of deer hunting season: an increase in intermittent leave requested under the Family Medical Leave Act (FMLA). Perhaps the nicer weather does indeed create a rash of “serious health conditions.” After all, summertime weather arguably does increase employees’ outdoor activity level (including boating, water skiing, bicycling and swimming) which also brings an increase in the likelihood of injuries.

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Published: February 20, 2012

The U.S. Department of Labor has issued a notice of proposed rulemaking to implement recent statutory amendments to the Family Medical and Leave Act contained in the 2010 National Defense Authorization Act. The proposed changes affect military servicemember leave and include new provisions for certain airline employees, who would otherwise be ineligible for leave. According to the DOL, the proposed regulations cover the following:

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Published: October 28, 2009

The FMLA has been amended.  President Obama signed the National Defense Authorization Act of 2010 at 2:30 p.m. EST October 28.  The full text of Senate bill  signed by the President can be found here. Section 565 of the Act amends the FMLA by greatly expanding the availability and use of military family leave:

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