By Alex J. Reganata and Daniel B. Klein
Seyfarth synopsis: Husband and Wife worked for the same employer, and both took FMLA leave for periodic flare-ups of their respective serious health conditions. The outside FMLA administrator notified the employer that Husband and Wife had frequently taken overlapping periods of FMLA leave. Under the employer’s FMLA policy, providing false or misleading
Continue Reading In Sickness And In Health: Seventh Circuit Clarifies Evidentiary Standard Required To Discipline Employees For Abusing FMLA Leave
Seyfarth Synopsis: Illinois recently amended its Child Bereavement Leave Act to expand the reasons for leave, including miscarriage and stillbirth, and adds additional covered family members. The law will now be called the “Family Bereavement Leave Act” and goes into effect on January 1, 2023. 
DOL’s 2023 Priorities, Per Labor Secretary Marty Walsh. Additional personnel topped Labor Secretary Marty Walsh’s wish list for 2023 as he laid out next year’s proposed budget at a 
Seyfarth Synopsis: The Eleventh Circuit Court of Appeals recently provided several reminders to employers regarding their obligations under the Family and Medical Leave Act (FMLA), in vacating summary judgment for the employer in 
Seyfarth Synopsis: On August 18, 2020, the U.S. Court of Appeals for the Seventh Circuit 
Seyfarth Synopsis: The US Supreme Court has never directly decided and the federal courts of appeal have not reached a unanimous decision on whether the “but for” or “motivating factor” standard applies to retaliation claims under the Family and Medical Leave Act (FMLA). An interlocutory appeal recently taken from the federal court 
Seyfarth Synopsis: On April, 17, 2020, the Eleventh Circuit Court of Appeals in 
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 continue to document performance issues 
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.