Family and Medical Leave Act Archives

Adoption qualifies the new parent to FMLA leave like a birth does

People's families can grow in a variety of ways. Sometimes, two people fall in love after the end of a previous relationship. One of them may already have children, so when they get married, their new spouse suddenly has stepchildren. Other times, couples expand their family the most common way, by getting pregnant and then later having a child. In some cases, adoption is the reason that a family grows to include a new member.

Employers must tread carefully in FMLA cases

Employers in Arizona and throughout the country have the responsibility to properly communicate with employees who are on FMLA leave. If eligible, an employee can take up to 12 weeks of unpaid leave every 12 months. Employers must generally let workers who are on leave know if they are close to using their allotted leave time for the year. Failing to do so could be interpreted as interfering with that worker's right to take leave.

Worker fired after asthma attack makes FMLA retaliation claim

The Family and Medical Leave Act protects the jobs of some workers in Arizona when they need time off because of medical problems. A recent case against a wholesale food distribution company illustrates the importance of timing when an employee makes a claim of interference with rights to family leave and retaliation for taking time off.

When can workers receive Family and Medical Leave Act benefits?

Have you ever worried about what would happen to your job if you or a family member suffered from a serious illness? Have you ever wondered what would happen to your job if you got pregnant, or if your spouse got pregnant and you needed to take time off to take care of your new baby?

Can I qualify for FMLA leave?

You might be surprised to know that you have the legal right to take time off after you give birth to a baby, after your spouse gives birth to a baby and if someone in your family suffers a serious medical problem that requires your attention.

Anyone may take leave to care for family members

Fathers in Arizona and throughout the country may be entitled to FMLA leave to care for a newborn child. They may also have the ability to take leave to care for the mother during and after her pregnancy. However, not everyone has access to either unpaid leave under FMLA or paid leave offered by a state government or an employer. According to the National Compensation Survey, only 14 percent of civilians have access to paid leave.

Five myths every employee should know about FMLA

Caring for a sick family member is one of the most difficult tasks a person can experience. The Family and Medical Leave Act (FMLA) lets employees take time off to care for a family member with a serious medical condition or because of their own serious medical issues. The FMLA also gives time off to care for a newborn child, foster care placement or adopted child.

Court says man's retaliation claim can proceed to trial

Arizona residents may be interested to learn about a man who filed an age discrimination and retaliation claim against his former employer. The former nursing home maintenance director claimed that his termination by a Pennsylvania nursing home violated his rights under the Age Discrimination in Employment Act and the Family and Medical Leave Act.

Federal appeals court affirms jury award for FMLA retaliation

Arizona employers should take care to avoid retaliating against employees who take valid family leaves or request reasonable accommodations for physical conditions. A decision from a federal appeals court signals judicial support for employee rights in regards to family leave and breastfeeding accommodations.

Can I take FMLA if my child is autistic?

Getting a diagnosis for your child is extremely time-consuming and mentally draining. You probably had to take a lot of time off of work to help them get to doctor's appointments, speech therapy appointments, occupational therapy and school. There were the IEP meetings and the teacher meetings and the caregiver arrangements, and that was all while you were trying to hold down a full-time job. What's a parent to do?

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Elizabeth D. Tate, Attorney at Law
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