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.

Compensation and benefits, Workers

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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.

Cases, Sick leave

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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.

Supervisors

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