Tag Archives: Child

Novel FMLA Issue: Can I Take Leave if my Girlfriend Has Pregnancy Complications?

Recently, various outlets have been discussing the plight of Indianapolis Colts’ running back, Trent Richardson (hang in there, we will be getting into the legal question in one second).  Namely are the Colts going to try to void the contract of Richardson in order to save money?  What caught my eye about the situation is that it was allegedly precipitated because Richardson missed a “walkthrough” (if any football minded readers could enlighten me as to what this is I would appreciate it) due to “serious complications with his girlfriend’s pregnancy that could potentially have endangered the life of [his] child.”  Shortly after this, Richardson was suspended for two games which got me thinking whether he might not have an argument for Family Medical Leave Act (FMLA) retaliation.  Hit the jump for my thoughts… Continue reading

Advertisements

2 Comments

Filed under Family Medical Leave Act

Georgia Court Rules Parents Can Be Liable For Libelous Facebook Posts Of Their Child

If you have read my blog for any time at all (thank you!) then you know one my major concerns is how the use of social media effects teachers, public employees, and even employers.  While it shouldn’t come as any surprise that an individual’s off-the-clock social media use can effect their employment, a recent appellate decision from Georgia ruled on a novel question: can parents be liable when their child makes a fake Facebook profile of another child and then posts defamatory and libelous comments there.  See Boston v. Athearn, A14A0971 (Ga. App. Oct. 10, 2014) (thanks to Legal Clips for pointing out this case).  While the ultimate ruling was that the parents could be held liable, the specific facts are important.  Hit the jump for more… Continue reading

3 Comments

Filed under Social Media

Missouri’s Children’s Division Exceeds Statutory Time Limits

The Children’s Division (CD) is the organization responsible for investigating allegations of child abuse and neglect in Missouri.  Two recent cases from Missouri appellate courts found that CD had failed to follow the time limits set in statute, thereby negating their investigations. See Williams v. Missouri, No. WD75693 (Mo. App. W.D. July 23, 2013) and Frey v. Levy, No. SD32307 (Mo. App. S.D. May 9, 2013).  Unfortunately, the causes of these failures are varied and don’t have a simple solution. Hit the jump for analyses of Williarms and Frye and some thoughts on how we’ve arrived here… Continue reading

Leave a comment

Filed under Missouri, Uncategorized

Missouri Abuse and Neglect Reporting Updates

This past legislative session introduced a small change to the child abuse and neglect mandatory reporting requirements that will effect all public education employees.  Because this change comes so quickly on the heels of the much larger change to abuse and neglect reporting requirements that went into effect last year, I wanted to take a little time and do a combination introduction / refresher of reporting duties.  We’ll go through the two separate reporting requirements in Missouri (you did know there were two requirements right??), talk about what some signs of abuse and neglect might be, and analyze what impact the change will have.

Hit the jump to stay updated… Continue reading

Leave a comment

Filed under Legislation, Missouri

FMLA and Adult Children

Even though the Family Medical Leave Act officially turned 20 years old last month there continue to be issues requiring clarification from the courts and the Department of Labor.  Most recently, the DoL issued some administrative guidance on FMLA leave for adult children.  The FMLA provides time off to care for children who are either under 18 years of age or who are older than 18 and are “incapable of self-care because of a mental or physical disability.”  Unfortunately, this definition left a number of open questions, such as, is the FMLA definition of disability the same as the Americans with Disabilities Act definition?  does it matter when the disability began?  and what is the intersection of “serious health condition” under the FMLA and “disability” under the ADA?

Before moving on, I just want to take a moment, yet again, to advertise the FMLA video I put together.  If you are not familiar with the basic requirements, check out that video and then come back for more information on this complicated topic.

For all the nitty-gritty of the DoL guidance, hit the jump… Continue reading

3 Comments

Filed under Americans with Disabilities Act, Family Medical Leave Act