Tag Archives: FMLA

Coloradans Vote to Give All Employees in the State Paid Family and Medical Leave

By Nathan A. Schacht and Keeley O. Cronin on December 8, 2020 Posted in Colorado

On November 3, 2020, Colorado voters placed their ballots in favor of Proposition 118 – a first-of-its-kind ballot initiative. In passing the Paid Family and Medical Leave Insurance Act (FAMLI), Colorado joined just eight other states and the District of Columbia in creating a state-level paid family and medical leave program. The benefits under FAMLI … Continue Reading

DOL Issues New Guidance on Several FFCRA Issues

By Greg Mersol on September 14, 2020 Posted in Department of Labor

Introduction The Families First Coronavirus Response Act (FFCRA) was enacted just under six months ago in the wake of closings prompted by the then new coronavirus pandemic. As most employers know, the FFCRA created leave rights for many employees of employers with fewer than 500 employees for absences caused by the virus and its aftermath. … Continue Reading

Connecticut Passes Generous Paid Family and Medical Leave Law

By Saima Sheikh on June 16, 2019 Posted in FMLA

Joining a steadily growing national trend, the Connecticut Legislature recently passed a generous paid family and medical leave bill, which will make Connecticut the seventh state — in addition to California, Massachusetts, New Jersey, New York, Rhode Island and Washington, not to mention the District of Columbia — to offer paid family leave. Assuming the … Continue Reading

Second Circuit Lowers Causation Standard for Employees Alleging FMLA Violations

By Amy J. Traub and Saima Sheikh on July 26, 2017 Posted in FMLA

Last week, the Second Circuit joined the Third Circuit in lowering the causation standard in evaluating alleged Family and Medical Leave Act (FMLA) violations against employers. Under a lower “motivating factor” standard established in Cassandra Woods v. START Treatment & Recovery Centers, courts within the Second Circuit must consider whether the exercise of an employee’s … Continue Reading

Update Regarding New York’s Paid Family Leave Law (Effective Jan. 1, 2018)

By Amy J. Traub and Saima Sheikh on July 10, 2017 Posted in Leave of Absence, New York

As we reported previously New York recently joined several other states that offer paid family leave benefits for employees. Effective Jan. 1, 2018, the New York Paid Family Leave Law (PFLL) will provide eligible employees with eight full weeks of paid family leave, funded exclusively through employee payroll deductions. The benefit amount and length of the … Continue Reading

New York: Paid Leave

By Yalda Haery on April 17, 2016 Posted in FMLA

Until now, within the U.S., only California, New Jersey, Rhode Island, and Washington have had paid family leave statutes, none of which offers benefits longer than six weeks. New York now joins those states offering a paid family leave program for its workers, but New York’s program will be the most robust, providing 12 full … Continue Reading

Second Circuit Defines Test for Individual Liability Under the FMLA

By Julie Kwun on April 7, 2016 Posted in FMLA

In Graziadio v. Culinary Institute of America, et al., 15-888-cv (2d. Cir. Mar. 17, 2016), the United States Court of Appeals for the Second Circuit reversed the district court’s grant of summary judgment in favor of the employer and individual defendant on the question of individual liability based on a human resource professional’s exercise of … Continue Reading

No Tag-Backs! Employee Is Entitled to FMLA Coverage, Even Though Not Eligible

By Todd Lebowitz on February 12, 2015 Posted in FMLA

The playground game of tag has been played since at least the Cretaceous Period, with efforts by paleontologists to verify earlier origins of the game inconclusive to date. As all sophisticated tag players know, the unwritten rules of the game permit no tag-backs. Once you’ve been tagged, you can’t quickly undo having become “it” by retagging … Continue Reading

No Return Date, No Problem: Seventh Circuit Reverses FMLA Summary Judgment for Employer

By Pat Muldowney on July 7, 2014 Posted in DOL, FMLA, Leave of Absence

On June 24, 2014, the U.S. Court of Appeals for the Seventh Circuit held that an employee did not forfeit her right to leave under the Family and Medical Leave Act (“FMLA”) to care for her seriously ill adult daughter by failing to provide her employer with an anticipated date of return. Gienapp v. Harbor … Continue Reading