Today’s post is all about the Family Medical Leave Act (FMLA) and trying to decide when a person qualifies for coverage. As you may know from some of my previous coverage, the FMLA provides up to 12 weeks of unpaid leave to deal with your own serious health condition or the serious health condition of a family member (there are also some other issues covered). If an individual takes FMLA protected leave they cannot be disciplined or terminated for that time off. Therefore, it is crucial to understand when leave is covered. Unfortunately, a recent case from Arkansas shows that if someone takes leave that is not covered, they can lose their job. See Johnson v. Wheeling Mach. Prods., 779 F.3d 514 (8th Cir. Ark. 2015). Hit the jump for all the details and the answer to the True/False question… Continue reading
Tag Archives: Serious Health Condition
Missouri is one of the most recent states to face challenges brought against its prohibition on same-sex marriages. While so far these decisions have come down in favor of same-sex marriage, the multiple suits, appeals, and decisions have created confusion about when and where a same-sex marriage may be recognized in Missouri. There likely won’t be a complete answer until the U.S. Supreme Court rules on the matter (which may happen before summer gets here). Nonetheless federal agencies are taking the opportunity to expand right previously only provided to opposite-sex partnerships and the Department of Labor has done just that with the Family Medical Leave Act. Hit the jump for all the details… Continue reading
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