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Search - Family & Medical Leave Act, 2008 Supplement

Family Medical Leave Act 2008 Supplement
Author: American Bar Association

The 2008 Cumulative Supplement discusses case law and regulatory development through 2007,including the following discussions,analyses,and updates:The Department of Labor s new rulemaking initiative Court deference,or lack thereof,to DOL Regulations and opinions The Fourth Circuit s decision holding the Regulations prohibit employee waiver of cl... more »aims in settlement agreements Court construction of and deference to the Regulations regarding employee eligibility requirements Differing approaches to leave entitlement to care for a pregnant child,and to the type of activity which constitutes care for a child or other family member Entitlement to leave where an employee can perform the essential functions of his or her job only for a different employer New developments in case law on intermittent leave, such as necessary breaks at work,medical certification,eligibility determinations,and measuring use of leave Consequences of employer and employee failure to comply with notice requirements;Interrelationship between FMLA unpaid leave and paid leave, and employer obligations that are stricter than FMLA provisions Interrelationship between the FMLA and collective bargaining agreements, including fitness-for-duty certifications,limitations on substitution;Employer rights and obligations regarding certification and recertification by a health care provider;Construction of Regulations regarding bonuses and circumstances in which bonuses must be provided to employees on FMLA leave Application of the FMLA where employer s FMLA violations may have exacerbated employees health condition Application to the FMLA of Supreme Court decision in Arbaugh v. Y&H Corp.,holding that coverage and eligibility thresholds are not jurisdictional The effect of Supreme Court decision in Burlington Northern & Santa Fe Railway Co. v. White on the definition of adverse employment action under the FMLA What constitutes interference under the FMLA Different approaches among the circuits regarding the elements of proof where an employee alleges retaliation or discrimination,and the application of a mixed motive analysis to FMLA retaliation claims Significant changes in state leave laws,providing benefits to employees whose immediate family members are on active duty in the military,and to employees who are victims of domestic violence, and a new ordinance in San Francisco requiring paid sick leave.

ISBN-13: 9781570186332
ISBN-10: 1570186332
Publication Date: 4/7/2008
Pages: 475
Edition: 2008 Supplement
Rating:

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Publisher: BNA Books
Book Type: Paperback
Members Wishing: 0
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Search - Family & Medical Leave Act, 2008 Supplement

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