The court rejected her argument and argues that the FMLA is distinct from American with Disabilities Act (ADA). The court notes FMLA does not establish disability under ADA, and suggests to analyze its concept of serious health condition.
Employees may use FMLA leave concurrently with workers' compensation if the injury qualifies as a “serious health condition.” Workers cannot be forced to use FMLA leave if they accept workers’ compensation unless they request leave for additional medical issues related to the injury. If an injur...
Maudie is injured on the job. Her employer provides her FMLA notices as it's filling out the necessary workers' compensation forms, approves her FMLA leave for a "serious health condition," and complies with all of the FMLA requirements while Maudie is out of work. After 12 weeks, Maudie ...
The answer is “yes” if the procedure is related to a medical condition that otherwise qualifies as a “serious health condition” under the CFRA/FMLA. Protected leave cannot be denied simply on the basis that the employee is having an elective procedure. CFRA/FMLA Leave for Serious Health ...
FMLA prevents discrimination against eligible employees who need to take unpaid time off from work if they have a serious health condition that makes them unable to perform the essential functions of their job or if they need to care for a family member. This shouldn’t be confused with paid...
Determine an employee’s FMLA eligibility and what qualifies as a serious health condition Identify when an employee has put you on notice of the need for FMLA leave, and how to send out the appropriate FMLA notices Conduct a review of FMLA medical certification and learn how to push back on...
Examples of in loco parentis Examples of situations in which FMLA leave may be based on an in loco parentis relationship include: A grandfather may take leave to care for a grandchild whom he has assumed ongoing responsibility for raising if the child has a serious health condition. ...
intended to provide leave for serious health conditions and emergency medical situations of a temporary nature. It was never intended to allow an employee to work as little as 75% of the time on a permanent basis. 2. Decreased Productivity and Disruption/Shutdown of Operations (“Domino Effect...
more employees within 75 miles) also needs to analyze requests for leave related to COVID-19 under the normal provisions of the FMLA (i.e., an employee’s serious health condition or an employee’s need to care for a first-degree relative with a serious ...
Danaher, Maria Greco