Blog: FMLA

DOL Finally Issues New FFCRA Rule—Effective September 16!

Posted on September 15, 2020 by Sara J. Ackermann
Blog

Late last week, the Department of Labor issued a revised rule to address a New York federal judge’s order from this past August that struck down several provisions of the FFCRA.  (For a copy of Ruder Ware’s article on that order, click here.) The order left employers confused: Should we follow the original FFCRA or […]

Reopening safely after COVID-19

Posted on July 28, 2020 by Sara J. Ackermann
Blog

You are excited to get back to work! However, a few of your employees are not so eager to shed their jammies for pleated pants or steel-toed shoes. Can you force them to return? On the other hand, some employees who are happy to return have asked that you monitor off-duty conduct. You are getting […]

Federal Government Will Seek Dismissal of False Claims Act Cases That Lack Merit

Posted on November 28, 2017 by Ruder Ware Alumni
Blog

A top official in the U.S. Department of Justice (DOJ) recently announced a major change in the federal government’s position on claims brought under the False Claims Act (FCA).  Michael Granston, the director of DOJ’s Civil Frauds Section, the section that handles health care fraud and other FCA cases, stated that the DOJ will ask […]

Seventh Circuit Court of Appeals – Super Human Resource Department?

Posted on October 9, 2017 by Ruder Ware Alumni
Blog

The Seventh Circuit Court of Appeals (which addresses federal court cases brought in Wisconsin) has stated in the past that it does not intend to be a “super human resource department” for employers.  Recent court decisions have suggested that the Federal Court may be reconsidering that position.  There have been a number of employment law […]

“In Sickness and in Health…”: DOL Issues Final Rule Granting FMLA Rights to Married Same-Sex Couples

Posted on April 28, 2015 by Sara J. Ackermann
Blog

In a win for same-sex married couples, the DOL has revised the FMLA so that employees in legal same-sex marriages can take FMLA leave to care for their spouse or family member, regardless of where they live. The regulation is effective March 27, 2015. For the full legal update, including a summary of what this […]

What’s the Frequency Kenneth: How Often May Employers Solicit Updates from Employees on FMLA Leave?

Posted on May 20, 2014 by Ruder Ware Alumni
Blog

Recently, while paging through a set of “boilerplate,” employer FMLA notification forms, I noticed a field/blank for employers to insert how frequently an employee seeking FMLA leave is to provide updates concerning return-to-work status. Believe it or not, my very next thought was about Dan Rathers’ 1986 mugging and the R.E.M. song Rathers’ mugging later […]

Mom’s Bucket List Request Leads to Lawsuit – Seventh Circuit Declares Daughter’s Care of Dying Mother During Trip to Vegas is FMLA Protected

Posted on May 16, 2014 by Ruder Ware Alumni
Blog

Recently, the federal Court of Appeals for the Seventh Circuit (which covers Wisconsin), clarified that the FMLA applies when an employee requests leave so that she or he can provide physical and psychological care to a terminally ill parent while that parent is traveling away from home. In doing so, the Court disagreed with other […]

Employers Should Take Required FMLA Notices Seriously – But All Hope is Not Lost if Mistakes are Made

Posted on May 14, 2014 by Ruder Ware Alumni
Blog

When an employee requests a leave of absence that may be for an FMLA-qualifying reason, his or her employer is required to provide notice to the employee of eligibility for leave under the FMLA (as most employers are aware, the Department of Labor has created a handy-dandy form to accomplish this purpose WH 381). The […]