By Linda C. Schoonmaker and Brian A. Wadsworth
Seyfarth Synopsis: In affirming summary judgment in favor of the defendant in an Family and Medical Leave Act (FMLA) interference and retaliation case, the Fifth Circuit reinforced the importance of documenting performance issues and following internal policies. This case serves as a good reminder for employers to
By Sara Eber Fowler, Rhandi Childress Anderson, and Erin Dougherty Foley
Seyfarth Synopsis: The Department of Labor issues an opinion letter clarifying that employers must promptly designate FMLA leave, regardless of the availability of paid leave.
What if an employee wanted to say “no thank you” to their FMLA rights, use their
By Megan P. Toth and Erin Dougherty Foley
Seyfarth Synopsis: The Washington State Office of the Attorney General has recently published a Guide outlining pregnant employees’ civil rights under the Washington “Healthy Starts Act,” a law which became effective July 23, 2017.
Under the Healthy Starts Act, employers with at least 15 employees
By David J. Rowland and Megan P. Toth
Seyfarth Synopsis: The Eleventh Circuit is the next to find a long-term leave of absence is not a reasonable accommodation under the ADA.
Just a few months after a recent and definitive decision by the Seventh Circuit that multi-month leaves of absence, even those that are
By Tracy M. Billows and Megan P. Toth
Seyfarth Synopsis: If your company provides parental leave benefits beyond what is required by law, it is important that the company’s policies and practices ensure male and female employees are being treated consistent with the prohibition of discrimination based on sex.
On August 30, 2017, the
Seyfarth Synopsis: Though only an informal guidance, this resource document reminds employers of the EEOC’s expansive interpretation of what constitutes a reasonable workplace accommodation. Employers should continue to meaningfully engage in the interactive process with any employees seeking workplace accommodations for a physical or mental disability and assiduously document those
Seyfarth Synopsis: A divided panel of the Eighth Circuit recently decided that an employer may be required to assume or infer from the circumstances that an employee is seeking a reasonable accommodation – even when no affirmative request is made.
The courts and the Equal Employment Opportunity Commission (EEOC) have
Seyfarth Synopsis: Recent research suggests employers will manage an increasing number of employee requests for caregiving leave.
The U.S. Department of Labor’s Chief Evaluation Office has issued research briefs discussing two commissioned studies that examined paid family leave programs in California, New Jersey, and Rhode Island. Those studies reveal trend lines
Seyfarth Synopsis: Illinois enacts child bereavement leave, requiring employers provide paid leave should an employee experience the loss of a child.
On July 29, 2016, Illinois became one of only two states (the other being Oregon) to require certain employers provide unpaid leave to employees who suffer the loss of
By Tracy M. Billows and Sara Eber Fowler
Seyfarth Synopsis: The EEOC recently issued “new” guidance for addressing leave as a reasonable accommodation. Employers must remember to consider unpaid leave as an accommodation, when appropriate, even if an employee would not otherwise be entitled to a leave of absence.
Recently, the EEOC published “new” guidelines