About the author
Eric A. Welter is an employment lawyer and litigator with the Welter Law Firm, P.C. in Herndon, Virginia. He is licensed to practice law in Virginia, Maryland, Washington D.C., Texas and California.
The Welter Law Firm represents and advises employers on all aspects of the employment relationship and represents businesses in commercial and franchise litigation. The firm’s offices are located in Northern Virginia; Los Angeles, California; and Austin, Texas.
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Category Archives: FMLA
Intersection of ADA and FMLA
The Ohio Employer’s Law Blog has a good post on whether the ADA has swallowed up the FMLA. This post is definitely worth reading. Although the title is a little misleading bit of an exaggeration (as the FMLA isn’t going … Continue reading
HR Managers Can Be Held Individually Liable for FMLA Violations
Read the post at the FMLA Blog here.
Amusing Search Terms
In looking at our blog’s statistics today, I noticed several interesting search terms — “how to falsify FMLA paperwork” and “no compete contract loopholes Texas.” For those who might not be inclined to believe me, I have posted a screen shot … Continue reading
Paid Sick Leave Bill Introduced In Congress
A bill requiring employers to provide up to five days of paid sick leave has been introduced in Congress in response to the H1N1 situation. The story is here. The House Committee Blog post is here. Workplace Prof Blog has … Continue reading
DOL Issues Updated FMLA Opinion Letter
The U.S. Department of Labor’s Wage and Hour Division recently posted one new Administrator signed Opinion Letter designated as FMLA2009-1-A. The Opinion Letter supersedes an Opinion Letter released on January 15, 1999 designated as FMLA-101. It addresses the issue of … Continue reading
FMLA Does Not Insulate Employees From Being Terminated For Poor Performance Or Misconduct
Two recent Seventh Circuit decisions provide employer guidance for personnel decisions involving FMLA leave employees. In short, both decisions show that an employer can, and should, discipline all employees similarly regardless of their FMLA status. More after the break.
4th Circuit Affirms FMLA Interference and Retaliation Verdict
In Dotson v. Pfizer, Inc., the Fourth Circuit affirmed the district court’s finding that Dotson’s employer had interfered with his right to leave under the Family and Medical Leave Act (“FMLA”) and had engaged in retaliation. The court also reversed … Continue reading
No Good Deed Goes Unpunished
In a case that could be summarized as “No Good Deed Goes Unpunished,” the Fourth Circuit issued an opinion in the case of Howard vs. Inova Healthcare Services, dated December 5, 2008. A copy of the opinion is here. More … Continue reading
New FMLA Poster And Forms
We received the following update from the U.S. Department of Labor: A revised Family and Medical Leave Act (FMLA) poster, reflecting the recently published final rule, is now available for viewing and downloading. Every employer covered by the FMLA is … Continue reading
New FMLA Regulations
The DOL has formally issued new FMLA regulations. The agency’s information page on the final rule is here. The regulations become effective January 16, 2009. More after the break. UPDATE: See our post here for the new FMLA poster and forms … Continue reading
Employee Misses FMLA Eligibility By 12 Minutes — And Loses Case
Workplace Prof Blog has an interesting post here on a case from the U.S. Court of Appeals for the Seventh Circuit affirming the dismissal of an FMLA case on summary judgment because the employee had only worked 1249.8 hours during … Continue reading
4th Circuit Sends FMLA Case Back For Trial
In an unpublished decision dated August 15, 2008, the U.S. Court of Appeals reversed the award of summary judgment to an employer in an FMLA case. The decision in Krenzke v. Alexandria Motors Cars is here. The case provides a good … Continue reading
Make Sure Your FMLA Policy Defines Eligibility Correctly, Or Else
An employee takes FMLA leave. The day after the leave starts, he receives a letter from his employer advising him of his FMLA rights. The language of the letter tracks the employer’s FMLA policy, which provides that any employee with … Continue reading
Joint Employers May Be Liable For FMLA Violations
The U.S. Court of Appeals for the Sixth Circuit recently issued a ruling with respect to the liability of joint employers under the FMLA. The case is Grace v. USCAR and the opinion can be found here. The case has … Continue reading
New Jersey Passes Paid Family Leave Act
The New Jersey legislature has enacted a paid family leave act as part of the State’s temporary disability benefits law, joining California and Washington as the third state to do so. The most recent version of the bill is here, … Continue reading
