Indiana

Indiana Supreme Court: Multiple jobs with single employer- FMLA-eligible
Gary Community School Corp v Powell, ___N.W.2d___(Indiana May 19, 2009), is an interesting FMLA case coming out of the Indiana Supreme Court. The state Supreme Court held that an employee who holds multiple positions with an employer is eligible for...

Estoppel did not bar employer from raising FMLA non-eligibility defense
Dobrowski v Jay Dee Contractors, Inc, ____F.3d___(6th Cir. July 8, 2009), is an important FMLA case to be aware of. The 6th held that an employer?s representations that an employee was being given FMLA leave did not bind it under...

Checking In On Child Not FMLA Protected
Brehmer v. Xcel, ___F. Supp. 2d___ (D. Min. Aug. 4, 2008) is an important FMLA lower court decision. The court held that an employee was not entitled to FMLA leave to check in on the 11-year-old son of his girlfriend...

5th Rejects Association Claim Under FMLA
Eisensohn v. St. Tammany Parish Sheriff's Office, ___F.3d___( 5th Cir. June 6, 2008) is an important case. The court read the anti-retaliation portions of the FMLA literally and refused to expand the FMLA to provide coverage based upon one's family...

Employee's alteration of FMLA application results in denial of leave
Smith v The Hope School,___F.3d___(7th Cir. March 30, 2009), is an important FMLA case to be aware of. The 7th held that an aide at a residential facility was neither entitled to FMLA leave nor fired for asserting her rights...

Employers FMLA notice requirements can be enforced as long as practicable
On May 5, the DOL?s Wage and Hour Division released an opinion letter (FMLA2009-1-A) on employee notification procedures under the FMLA related to employer attendance and no call/no show policies...

Congress Adds FMLA Rights
In somewhat of a surprise move, on December 14, 2007, Congress amended the Family Medical Leave Act (FMLA) to add two additional reasons for applying for FMLA leave.  One provision adds that FMLA can be taken for a “qualifying exigency” arising from active duty in the armed services...

7th holds employee was 1.2 hours shy of FMLA eligibility
Pirant v US Postal Service___F.3d___(7th Cir. Sept. 4, 2008) reviews the eligibility requirements of the FMLA. An employee was not eligible for FMLA leave after it was shown she had only worked 1,248...

New FMLA Poster Containing Military Leave Amendments
The Department of Labor has available a poster reflecting the recent changes to the law affecting military personnel.  It's meant to be temporary and a supplement to the existing poster...

Blawg of the Day -- FMLA Blog
Those lawyers at Fox Rothschild sure are prolific bloggers -- one of their latest is the FMLA Blog, which provides information on the Family & Medical Leave Act of 1993 and how it affects your human resources...