Family Medical Leave Act
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Family and Medical Leave, our practice area related to Family Medical Leave Act
The Family and Medical Leave Act (FMLA) provides a means for employees to balance their work and family responsibilities by taking unpaid leave for certain reasons. The FMLA provides an entitlement of up to twelve weeks of job-protected, unpaid leave during any 12-month period for the certain reasons. -
Lisa J. Banks, Partner
Lisa Banks has been successfully litigating employment discrimination and whistleblower protection cases at both the trial court and appellate levels for over a decade. She is a founding partner of Katz, Marshall & Banks, LLP, where she concentrates her practice on employment discrimination, whistleblower and Sarbanes-Oxley law, disability law, Family and Medical Leave Act and contractual employment disputes. -
Avi Kumin, Partner
Avi Kumin, one of the founders of Katz, Marshall & Banks, LLP, has developed an expertise in employment discrimination, retaliation, whistleblower claims, employment contracts, and Family and Medical Leave Act claims. Mr. Kumin has also specialized in litigating post-9/11 backlash discrimination and retaliation cases. -
Keeping the Employee Working: Reasonable Accommodations and Leave Requirements
The basic principle underlying the reasonable accommodation provision of the disability laws is to keep qualified employees working. Often, however, the accommodation requested is in the form of leave, which will allow an employee to seek the treatment or rest necessary to return to work and perform the essential functions of the job. Requesting or taking leave from work to address a serious medical condition implicates both federal and state disability laws, as well as federal and state family and medical leave laws. Developing a solid understanding of both the Americans with Disabilities Act and the Family and Medical Leave Act and understanding in particular the overlap that occurs between the two statutes (and their state counterparts) on issues such as the length of leave, medical documentation required, the process for sharing information with the employer, and rules regarding the return to the workplace is critical for a civil rights attorney to effectively represent an employee with a serious medical condition and to keep that employee working. -
Harassment in the Workplace, ALI-ABA Course of Study
This chapter provides an overview of harassment employment law claims under Title VII and Section 1981, with an emphasis on sexual and racial harassment claims, and a briefer presentation of concurrent state civil rights remedies. -
Family Leave Lives On
What will become of the Family and Medical Leave Act (FMLA)? That is the question on the minds of many since the Supreme Court's recent decision in Ragsdale v. Wolverine Worldwide Inc. Although significant, the case does not signal the beginning of the end of the FMLA and its implementing regulations.
The FMLA requires employers with 50 or more employees to provide an employee up to 12 weeks of unpaid leave per year if the employee has a serious medical condition, an immediate family member with a serious medical condition or a newborn or newly adopted child to care for. Although Congress passed the FMLA nearly a decade ago, the law had not come directly before the Supreme Court until Ragsdale, decided in March 2002. -
Wins for Both Sides
The supreme court decided an unusually large number or employment cases this term. In resolving trenchant issues under the Americans With Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA), and a number of recurring procedural problems in employment discrimination cases, the court has once again taken an active role in redefining the rights and responsibilities of employers and workers.
Employers scored victories making it more difficult for employees to bring ADA and FMLA claims. Employees, on the other hand, scored gains in several procedural areas. With respect to the most important procedural matter before it concerning the statute of limitations for claims under Tide VII of the Civil Rights Act of 1964 the court gave both employers and employees something significant to complain about. The court also gave the Equal Employment Opportunity Commission (EEOC) a victory by endorsing its power to pursue victim-specific relief despite the existence of a private agreement to arbitrate.