Bass Berry & Sims Labor Talk

Tag Archives: FMLA

New Mandatory Paid Sick Leave Rules Could Ensnare Unwary Federal Contractors

Posted in Leaves of Absence/FMLA Law and Practice

On Thursday, February 25, 2016, the U.S. Department of Labor proposed new rules to implement Executive Order 13706, which requires certain federal contractors to provide qualifying employees with at least seven days of paid sick leave each year, including paid leave for family care. The Department of Labor intends to publish a final version of… Continue Reading

DOL Issues Final Rule Revising the Definition of “Spouse” Under the FMLA

Posted in Leaves of Absence/FMLA Law and Practice

As of March 27, “spouse” under the Family and Medical Leave Act (FMLA) will include same-sex spouses for any legally recognized marriages based on the laws of the state of celebration. On February 25, as expected, the Department of Labor (DOL) published its final rules on the definition of spouse under the FMLA in light… Continue Reading

Court Enforces Notice Requirements for FMLA Medical Certification Forms

Posted in Leaves of Absence/FMLA Law and Practice

FMLA regulations require that an employer tell an employee, in writing, when certification forms must be returned and the consequences of failing to do so. Recently, a federal appellate court upheld and enforced those requirements. The FMLA certification process can be arduous for even the most diligent of employers.  Regulations impose some specific notice obligations. A new… Continue Reading

FMLA Leave for Same-Sex Spouses

Posted in Labor Board Proceedings and Practice

The Labor Department announced today its plans to propose new regulations on the definition of “spouse” under the FMLA.  The new definition of “spouse” will include a legally married same-sex spouse, regardless of the employee’s state of residence.  This rule, though not unexpected, is a change from an August 2013 “Fact Sheet” issued by the… Continue Reading

DOMA and the FMLA – What Should Employers Do “In the Meantime”?

Posted in Leaves of Absence/FMLA Law and Practice

The Supreme Court’s Defense of Marriage Act (“DOMA”) ruling will impact the “spouse” definition in the Family and Medical Leave Act (“FMLA”) (among other extensive impacts in the employment law and employment benefits industry). Employers can expect the Department of Labor to issue, relatively soon, some guidance on the definition of spouse in light of… Continue Reading

New FMLA Regulations Have Limited Impact But Will Require New Poster

Posted in Leaves of Absence/FMLA Law and Practice

The Department of Labor recently issued new FMLA regulations. The new regulations will take effect March 8, 2013. The regulations will have limited impact on most employers. However, the new regulations will require employers to obtain and post a new poster with the revised language contained in the regulations. The other, more substantive impact is… Continue Reading

FMLA – What Information is Sufficient to Trigger Employer’s Duty to Follow Up

Posted in Leaves of Absence/FMLA Law and Practice

Under the Family and Medical Leave Act (“FMLA”), employers face significant challenges in understanding how much information from an employee is considered sufficient to trigger the employer’s duty to follow up. Courts have routinely found that minimal information will trigger an employer’s duty to ask if the employee needs leave and the corresponding duty to… Continue Reading

Termination Notice Referring to Disability Considered Direct Evidence of Discrimination

Posted in Discrimination and Harassment Law and Practice, Leaves of Absence/FMLA Law and Practice

A Tennessee federal judge recently ruled that a termination notice referring to an employee’s “long-term disability” was direct evidence of discrimination and retaliation.  The Court granted the employee judgment as a matter of law under the ADA. The employee, Coffman, had been off work on an extended medical leave.  She had exhausted her FMLA leave… Continue Reading

Employers Beware – “How” You Do Is Often As Material As “What” You Do

Posted in Leaves of Absence/FMLA Law and Practice

A recent ruling reinforces that “how” an employer does what it does often is as important as what it does.  The case appeared relatively straightforward.  An employee missed a work shift and claimed intermittent FMLA leave.  One manager, who had been skeptical about some past intermittent leave use, saw the employee at a birthday party… Continue Reading

What Do Tennessee’s Family And/Or Medical Leave Laws Require?

Posted in Doing Business in Tennessee, Leaves of Absence/FMLA Law and Practice

Tennessee has a maternity/paternity leave law which permits both male and female full-time employees with 12 consecutive months of service to have four months of unpaid leave for adoption, pregnancy, childbirth and nursing a new infant.  In order for an employee to be covered, the employer must have 100 or more employees on the job… Continue Reading