An opinion letter recently issued by the U.S. Department of Labor (DOL) states that employers cannot let workers use paid time off before taking leave under the Family and Medical Leave Act (FMLA). The FMLA entitles eligible employees of covered employers to take up to 12 weeks of unpaid job-protected leave per year for specified… Continue reading Department of Labor Issues FMLA Leave Opinion Letter
Category: FMLA
“Fitness for Duty” Certification after Medical Leave
Most employers require employees to provide a “fitness for duty” certification in order to return to work after medical leave. However, unless an employer provides a list of essential functions of the employee’s job and requests that the certification address the employee’s ability to perform those essential functions, all the certification must state is that… Continue reading “Fitness for Duty” Certification after Medical Leave
Always think about the ADA when you grant Family Leave
An employer recently paid $1,350,000 to settle an EEOC lawsuit arising from the employer’s failure to consider ADA leave as accommodation for absent employees and employees who had exhausted their 12 weeks of FMLA leave. According to the EEOC, the employer fired employees who were not eligible for FMLA leave after being absent for a… Continue reading Always think about the ADA when you grant Family Leave
DOL Proposes Rule to Extend FMLA Protection to Same-Sex Couples
Proposed rule would expand the definition of “spouse” in the Family Medical Leave Act include eligible employees in same-sex marriages regardless of whether the state where they reside recognizes same-sex marriages. The DOL press release is here: http://www.dol.gov/opa/media/press/whd/WHD20141208.htm
Will Oregon Same-Sex Marriage Ruling Impact Oregon Employers’ Policies?
Probably not – if the employers are already compliant with Oregon’s rules regarding same-sex domestic partners. As early as 2008, Oregon law required employers to treat same-sex domestic partners the same way “spouses” are treated with respect to benefits and other terms of employment. Thus, with the exception of amending policies to reflect that a… Continue reading Will Oregon Same-Sex Marriage Ruling Impact Oregon Employers’ Policies?
Intermittent Leave and Exempt Employees OFLA vs. FMLA
There are a few instances when the Oregon Family Leave and federal Family Medical Leave Act (FMLA) differ materially. One difference is how the laws treat pay for exempt employees taking intermittent leave. Generally, to be exempt, an employees must perform certain duties and be paid a salary. Oregon and federal law permit certain salary… Continue reading Intermittent Leave and Exempt Employees OFLA vs. FMLA
OFLA Requests for Medical Verification
Often, employers seek more information from employees about their need for leave than permitted by law. OFLA provides that “… a covered employer may require medical verification from a health care provider of the need for the leave if the leave is for a purpose described in ORS 659A.159 (1)(b) to (d)…. In addition to… Continue reading OFLA Requests for Medical Verification
Employee Can Decline FMLA Leave
A recent case out of the 9th Circuit Court of Appeals addressed the issue of whether an employee can decline to take FMLA leave even where the underlying reason for taking leave qualifies for FMLA protection. In Escriba v. Foster Poultry Farms, the employee indicated, on multiple occasions, that she wanted to take two weeks of vacation to… Continue reading Employee Can Decline FMLA Leave
DOL Clarifies Definition of Son or Daughter over 18 under the FMLA
Under the FMLA, a parent is entitled to take FMLA leave to care for a son or daughter who is older than 18, only if the son or daughter: (1) has a disability as defined by the ADA; (2) is incapable of self-care due to that disability; (3) has a serious health condition; and (4) is… Continue reading DOL Clarifies Definition of Son or Daughter over 18 under the FMLA
Nothing to Celebrate at T.G.I. Friday’s
On August 7, 2013, the Department of Labor announced an agreement with T.G.I. Friday’s restaurants to address their repeated violations of the Family Medical Leave Act. According to the DOL, the restaurants violated the FMLA by failing to reinstate employees to the same or equivalent positions following leave and failing to permit employees to return… Continue reading Nothing to Celebrate at T.G.I. Friday’s
