family and medical leave act Archives

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.

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.

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.

Natural disasters, FMLA leave and the FLSA

Arizona companies must still abide by the Fair Labor Standards Act and the Family and Medical Leave Act even in cases of natural disaster. This means that in most cases, an employee cannot volunteer to work for an employer for free and must be paid overtime regardless of circumstances.

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Elizabeth D. Tate, Attorney at Law
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