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Family and Medical Leave Act Archives

Fired while on maternity leave: Is that legal?

The news came as a jolt to many women who heard that a female magazine editor had been fired while she was on maternity leave. People around the country wondered if the firing was even legal, and whether pregnant women and new moms are protected in the workplace.The first step in examining the case of Michelle Tan, who was editor in chief of Seventeen magazine, is to note the limitations of the Family and Medical Leave Act (FMLA). Though the law provides some protections to employees, it does not contain "standard maternity leave," the Director of Workplace Equality with the National Women's Law Center said. 

For many employees, the most

For many employees, the most important things about their employer lie beyond the paycheck. Generous vacation, quality health insurance and a solid pension plan are some of the benefits people look for in companies today. People are increasingly looking at family leave policies as well when they consider moving from one employer to another. As more companies enact paid family leave policies, those firms attract some of the brightest talent, and more important to their shareholders and management, they actually save money. 

Wisconsin gets a “C” for family leave protections

As readers of our Milwaukee employment law blog know, the Family and Medical Leave Act protects eligible workers in a wide variety of situations requiring time away from the workplace. Eligible employees can take up to 12 weeks of job-protected, unpaid leave to care for a child or spouse, deal with their own health problem or care for a newborn baby, among other conditions.

Drumming up support for paid medical leave in Wisconsin

Wisconsin lawmakers have before them a proposal to enable workers to take time away from their jobs for illness or emergency. The Wisconsin Family Leave Insurance bill would make it possible for employees to receive pay for up to 12 weeks for medical reasons or family emergencies.

Updated FMLA poster released by Department of Labor

Most employers in Wisconsin and around the country with a staff of 50 or more are required to display a poster in the workplace that informs workers of their rights under the Family and Medical Leave Act.  The Department of Labor updated this poster on April 16, 2016. While DOL rules allow employers to keep their current FMLA posters in place, the federal agency does require company policies to be updated to reflect the latest changes. The DOL also provides employers with a comprehensive guide to help them ensure that they are in compliance with the 1993 law.

Workers in some states are paid while taking family leave

Though employees in Wisconsin can take family leave after a childbirth or adoption, the leave is usually unpaid. Under the Family and Medical Leave Act, full-time employees of employers subject to the federal law can take 12 weeks of unpaid time off per year for medical or family reasons. Now, some states are enacting their own family leave laws that allow employees to receive compensation for some of the wages they miss out on during a period of family leave.

Job protection when injuries, illnesses occur

Many employees in Wisconsin have their jobs protected by the federal Family and Medical Leave Act when needing to take time off work for certain reasons. One company and its employee are going to court because of a possible FMLA violation after the worker was fired when leaving because of a sudden illness.

Statute of limitations for FMLA complaints

One of the provisions of the Family and Medical Leave Act requires employers in Wisconsin and around the country to give their workers certain notifications, and they may face litigation when they are unable to establish that these required notices were received. One such case involved a supervisor at a Mississippi energy company who took medical leave to care for his ailing father in 2012.

Making the Family and Medical Leave Act work

The federal Family and Medical Leave Act has nuances that both Wisconsin employees and their supervisors need to understand in order to ensure the program works smoothly. A company's human resources department generally approves an employee's request for leave, but supervisors need to be aware of the act's regulations, too.

Changes in caregiver trends and FMLA

As many Wisconsin families have both parents working to make ends meet, the need for one of them to take time off to care for a sick child could have an adverse employment effect. In other cases, a single-parent household could be headed by either a mother or a father, and that party might need to make use of FMLA rights at times based on a child's medical needs. However, the increasing need for fathers to use this type of leave does not always equate to a cooperative response from an employer. Just over one-fourth of FMLA cases filed for problems related to child care are filed by men.

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