Q. What types of medical leaves are protected under the FMLA? A. Covered employees can take medical leaves for a “serious health condition.” The definition of a serious health condition is complicated, but it includes most conditions that either: Require an overnight hospital stay, or Last more than three days,…
Q. What is the Family & Medical Leave Act? A. The Family & Medical Leave Act of 1993 (FMLA) is a federal law that allows covered employees to take protected time off for certain family and medical leaves. Q. Which employees are protected by the FMLA? A. To be protected…
Last month, the United States Supreme Court ruled that the “self-care” provisions of the Family & Medical Leave Act of 1993 (FMLA) cannot be enforced against a state, unless the state consents to being sued under the FMLA. The FMLA is a federal law that guarantees eligible employees the right…
The Family & Medical Leave Act of 1993 (FMLA) is a federal employment law that, among other things, permits covered employees to take up to 12 weeks off per year because of a serious health condition. Employers are required to inform their employees about their rights under the FMLA within…
Last week, the Third Circuit Court of Appeals< (the federal appellate court that covers New Jersey) ruled that supervisors can be held personally liable under the Family & Medical Leave Act of 1993 ("FMLA"). Employees who are covered by the FMLA have the right to take up to a total…
On May 5, 2011, New Jersey’s Appellate Division ruled that employers do not have the right to force employees to complete Family Medical Leave Act (FMLA) medical certifications, or to require employees to take FMLA leaves. The FMLA is a federal law that permits qualified employees to take up to…
Among other things, the Family & Medical Leave Act (FMLA) allows covered employees to take off up to 12 weeks from work per year to care a newborn, newly adopted or placed child, or to care for a son or daughter with a serious health condition. However, the FMLA does…
Last week, I discussed the Third Circuit’s recent decision regarding when time worked from home counts toward the Family & Medical Leave Act (FMLA)’s 1,250 hour eligibility requirement. The same case, Erdman v. Nationwide Insurance Company, also addresses whether an employee who requests but does not receive an FMLA leave…
On September 23, 2009, in Erdman v. Nationwide Insurance Company, the United States Court of Appeals for the Third Circuit discussed when an employee’s time working from home counts toward the 1,250 minimum hours required for an employee to be covered by the Family & Medical Leave Act (FMLA). The…