FMLA HOT TOPICS
*New military leave provisions*
On January 28, 2008, President Bush signed an amendment to the Family and Medical Leave Act (FMLA) that extended greater protections to military families.
*New proposed regulations *
On February 11, 2008, the U.S. Department of Labor published a Notice of Proposed Rulemaking to update the regulations under the 15 year-old FMLA. The proposed rules were developed in response to U.S. Supreme Court and lower court cases invalidating portions of the Department’s existing regulations.
*Recent case developments *
For example, the United States Court of Appeals for the Seventh Circuit recently held that an employer violated the plaintiff's rights under the FMLA by terminating the plaintiff's employment because the employer was placed on notice of the plaintiff's need for FMLA leave based upon the plaintiff's bizarre behavior.
ADA HOT TOPICS
* New Legislation *
On September 25, 2008, the ADA Amendments Act of 2008 was signed into law by President Bush. The Act, which is effective January 1, 2009, expands the scope of disabilities covered under the ADA. In part, the Act broadens the scope of protection available to employees by rejecting two Supreme Court decisions which had narrowly construed the definition of “disability” under the ADA.
NO FAULT ATTENDANCE
* Tips for drafting and enforcing policy *
* Unemployment considerations *
