Category Archives: FMLA

Is an employee entitled to be reinstated to his or her same position following FMLA leave?

Not exactly.   Under the FLMA, qualified employees are entitled to 12 weeks of leave for a serious medical condition.  At the end of such leave, the employer must reinstate the employee in the position held by the employee at the commencement of the leaver – or – to an equivalent position with equivalent pay, benefits [...]

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Does the FMLA Provide for a”Light Duty” Return to Work?

The Seventh Circuit recently addressed the interplay of FMLA and “light duty” restrictions in James v. Hyatt Regency Chicago (7th Cir., 2013).   In James, the plaintiff suffered from a visual condition and subsequent eye injury that prompted surgery and an associated request for Family Medical Leave (FMLA).   After his 12 weeks of FMLA expired, the employee requested to [...]

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Newsflash: Don’t Post Vacation Pictures While You’re Out On FMLA

Under the Family Medical Leave Act (FMLA), qualified employees are entitled to take up to 12 weeks of protected medical leave in a twelve month period for certain purposes involving serious medical conditions. A qualifying purpose includes a serious health condition that renders the employee unable to perform the functions of their position. In Linebury v. Detroit Medical [...]

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New FMLA Rules on the Horizon

The FLMA, which now has been in effect for 20 years, has been fine tuned over the years through regulations and Court decisions.  In March of 2013 the Department of Labor will approve its latest regulatory modifications. Notable changes involve the calculation of intermittent leave, military caregiver leave for veterans, and qualifying exigency leave for [...]

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