Docstoc

Fmla Discrimination

Document Sample
Fmla Discrimination Powered By Docstoc
					             Top Ten FMLA Basics
                Fundamentals Track


                           ABA Program, Sept. 2008
                           Federal Laws Governing Leaves
                           of Absence: FMLA, Pregnancy
                           Discrimination Act, and ADA

        Kim Ryan
 The Ryan Law Firm, LLC
       Denver, CO
www.lawyers.com/ryanfirm
   kim@ryanfirm.com




                                                           1
Overview

 FMLA Legal Highlights

 Info for Issue Spotting

 Resources for Real Life

 A View of the Future




                           2
1. Why?

 balance work & family life

 R unpaid leave family/medical (& military) reasons

 accommodate legitimate employer interests

 minimize gender discrimination

 promote EEO




                                                      3
2. Kinds of Leave

 Birth or adoption up to 12 weeks

 Serious health condition family member

 Own serious health condition

 Service member family leave up to 26 weeks

 Qualifying exigency military reasons - soon




                                               4
3. Which Employers?

 public agencies, L/S/F employers,
 schools

 private employers 50+ employees
 20+ workweeks this or last year –

 joint employers/successors




                                     5
4. Which Employees?

  –   worked for ER 12 + months

  –   worked 1,250+ hrs 12 months before leave starts

  –   work location

        50+ employees work or
        within 75 miles




                                                        6
5. Employee Responsibilities

 Eligible EEs may be required to provide notice

 Foreseeable, 30 day

 Not foreseeable, ASAp - practicable 1 or 2 bus days

 Sufficient info to ER – EE need not mention FMLA

 Upon return to work, 2 bus days of FMLA reason

  –   Employee Notice 29CFR825.302




                                                       7
6. Employer Responsibilities

 Post notice

 Handbook info

 If no HB provide Fact Sheet #28

 Written notice designating FMLA
  –   WH-381
  –   1 or 2 bus days after EE’s notice of need




                                                  8
7. Unlawful Acts

 interfere with, restrain, deny exercise of any right

 discharge or discriminate for opposition

 discharge or discriminate b/c FMLA proceeding

 use FMLA leave as negative factor in actions

 FMLA leave cannot be counted under no fault
 attendance policies




                                                        9
8. FMLA Interaction

 ADA

 Title VII, PDA

 USERRA

 Collective Bargaining Agreement

 Internal Leave Policies




                                   10
          9. Resources
 http://www.dol.gov/esa/whd/fmla/

General Guidance -
Compliance Guide to the Family and Medical Leave Act
Special Rules for Returning Reservists under USERRA
Frequently Asked Questions and Answers
Fact Sheets
Fact Sheet # 28: The Family and Medical Leave Act of
1993 (PDF)
Fact Sheet # 44: Visits to Employers (PDF)
e-Tools
elaws Employee/Employer Advisor
Federal vs. State Family and Medical Leave Laws
Posters




                                                       11
9a. Resources, cont.

 The Family and Medical Leave Act Poster
 The Family and Medical Leave Act Poster — in
 Spanish
 FMLA Poster Insert for Military Family Leave
 Amendments (PDF)
 FMLA Poster Insert for Military Family Leave
 Amendments (Español) (Spanish version) (PDF)
 Forms




                                                12
9b. Resources, cont.
 Certification of Health Care Provider — Form WH-380 (PDF)
 An optional form that may be used to obtain a medical certification
 from a health care provider.
 Employer Response to Employee — Form WH-381 (PDF)
 An optional form that an employer may use to respond to an
 employee's request for leave.
 Interpretive Guidance Opinion Letters
 FMLA Opinion Letters
 Applicable Laws, Regulations, Rules, and Histories
 Law
  –   29 U.S.C. 2601, et seq.
  –   Amended Title I Law
 Regulations
  –   29 CFR Part 825
      Authority: 29 U.S.C. 2654; Secretary's Order 1-93 (58 FR 21190).
      Source: 60 FR 2237, Jan. 6, 1995, unless otherwise noted.




                                                                         13
10. The Cutting Edge

 RIF

 In vitro fertilization

 Military/war issues




                          14
             Top Ten FMLA Basics
                Fundamentals Track


                           ABA Program, Sept. 2008
                           Federal Laws Governing Leaves
                           of Absence: FMLA, Pregnancy
                           Discrimination Act, and ADA

        Kim Ryan
 The Ryan Law Firm, LLC
       Denver, CO
www.lawyers.com/ryanfirm
   kim@ryanfirm.com




                                                           15

				
DOCUMENT INFO
Shared By:
Categories:
Stats:
views:200
posted:11/3/2009
language:English
pages:15