A federal appellate court1 recently ruled that an employee who was deemed ineligible for leave under the Family and Medical Leave Act (FMLA) is nonetheless entitled to take the leave because the employee satisfied all conditions for FMLA leave set forth in the employee handbook.
To be eligible for FMLA leave, an employee must (more…)
The Department of Labor (DOL) issued new regulations interpreting The Family and Medical Leave Act (FMLA). The FMLA was enacted in 1993 and is codified at 29 U.S.C. § 2601 to § 2654. The new final regulations were issued on November 17, 2008 and became effective on January 16, 2009 and also incorporate the military family leave entitlements enacted as part of the National Defense Authorization Act for Fiscal Year 2008. The regulations are expansive and take up 200 pages in the Federal Register (29 CFR Part 825). The new regulations were developed in response to several U.S. Supreme Court and lower court cases invalidating portions of the prior regulations. The new regulations apply to all employers covered by the FMLA.
It is very important that the newly advanced Family and Medical Leave Act regulations and notice provisions be (more…)
