DOL issues Family and Medical Leave Act regulations
Article Abstract:
The Dept of Labor has drafted a simplified version of the Family and Medical Leave Act regulations for business owners. The regulations stipulate that employers must maintain employees' group benefit plan while employees are on leave and reinstate employees upon their return. Employees are responsible for paying part of the premium, and the terms for payment are to be worked out between employers and employees. The regulations also address the overlap of state and federal law. The more generous leave package, either state or federal, always supersedes the other.
Publication Name: Tax Management Compensation Planning Journal
Subject: Law
ISSN: 0747-8607
Year: 1993
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DOL litigates first FMLA case unsuccessfully
Article Abstract:
A US district court in the Western District of Michigan ruled in Reich v. Midwest Plastic Engineering, Inc. that an employee had failed to provide adequate notice to her employer of an illness that would have qualified under the Family and Medical Leave Act of 1993. The court found that the employer could require employees to periodically report back on the progress of medical conditions. The employee was fired due to excessive unexcused absences. This was the first case based on this statute litigated by the Department of Labor.
Publication Name: Tax Management Compensation Planning Journal
Subject: Law
ISSN: 0747-8607
Year: 1995
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Former employee may sue supervisors as individuals under FMLA
Article Abstract:
Individual liability may attach to supervisors under the Family and Medical Leave Act (FMLA) if decisions regarding FMLA leave are subject to their control. The Federal District Court for the Northern District of Illinois stated in Beyer v. Elkay Manufacturing Co. that although some conflict in the lower federal courts exists, FMLA is most analogous to the Fair Labor Standards Act which allows claims against supervisors in their individual capacities. A Dept of Labor regulation also supported the Beyer view.
Publication Name: Tax Management Compensation Planning Journal
Subject: Law
ISSN: 0747-8607
Year: 1997
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- Abstracts: Statutory interpretation - Family and Medical Leave Act of 1993 - First Circuit holds that the FMLA includes a private right of action for prospective and former employees
- Abstracts: DOL issues class exemption for plan asset transactions determined by in-house asset managers. Employer's direct payment of investment management fees and compensation on qualified plan's behalf are deductible under section 162 and are not plan contributions
- Abstracts: Suggested approach for judicial interpretation of regulations that grant discretion to taxpayers. Use of industry definitions in interpretation of the Internal Revenue Code: towards a more systematic approach
- Abstracts: A change in the rules draws fire; litigators fight to stop mandatory disclosure. Litigators to examine lack of funding, access
- Abstracts: Nonprofit organization providing self-funded ERISA disability plan taxable as insurance company. PSC may not deduct premiums paid on high limit disability policy insuring key employee and controlling shareholder