The Family and Medical Leave Act (FMLA) is a government funded program that lets eligible employees take time off for a variety of reasons. When it comes to the FMLA, there are many misconceptions and questions, this is why Maduff & Maduff want to help you clear up any confusion surrounding FMLA. Here a few […]
Your FMLA Rights: How An Employment Attorney Can Help
If your FMLA rights have been violated, there are several things that you, as an employee, can do. While these things may be handled by yourself alone, by using an employment attorney, the outcome may be different. It is also important that you consult with an employment attorney that specializes in FMLA before tackling any of the following […]
To Qualify for FMLA You Need to have worked 1,250 Hours — How is that Calculated
In a recent decision from the U.S. District Court in Illinois — Caggiano v. Illinois Department of Corrections— the Plaintiff, a prison correctional officer, retroactively requested FMLA leave on April 18, 2012, after being out for three consecutive days caring for his mother on April 7 – 10. The Defendant denied the FMLA request asserting that […]
Can Mandatory Overtime Be an Essential Job Function? The 11th Circuit Says Yes
On March 30, 2015, the Eleventh Circuit affirmed a lower court’s decision which determined that mandatory overtime was an essential job function – confirming the dismissal of a disability discrimination claim. You can read the opinion here. In 2012, the plaintiff provided a note requesting a lifting restriction of no-more than 15 pounds. The employer reassigned her to […]
The Laws That Protect Employees’ Rights
There are several federal laws that have been established in order to protect employee rights. The following information will help you to understand your basic rights, as well as the laws that protect your rights as an employee. Basic Employee Rights While not all businesses will qualify for each law, there are basic rights in all workplaces, including: […]
When To Consult With An Employment Attorney
It is important to know whom you can turn to and trust in the event your employment rights have been violated, especially when you have taken the appropriate steps to handle your concern but have not been taken seriously. It is often during these occasions in which employees will ignore their concerns simply because they […]
Do I Qualify For FMLA?
What Is FMLA? The Family and Medical Leave Act (FMLA) is a federal program that was developed for full-time employees that allows them to take time off for specific familial or medical reasons, and allows them to be reinstated in their current position upon their return from their leave. What Is Covered Under FMLA? Under FMLA, eligible […]
What Is At-Will Employment?
Most jobs, in most states, are considered at-will employment. While this is a common practice, many employees do not understand what at-will employment really means. What Is At-Will Employment? At-will employment means that your employment is exactly that, at will, and your employer can terminate your employment at any time, for any reason. However, the […]
DOL Issues Final Rule for FMLA Leave – Same-Sex Marriage Will be Recognized (UPDATE: Texas Court Has Issued an Injunction Halting DOL’s Enforcement
The FMLA provides leave to care for serious medical conditions of certain family members including spouses. In the past, it was clear that a husband could take FMLA leave to care for his wife (assuming her condition met the requirements of the FMLA) and vice versa. But for same-sex couples, the answer to that question depended on […]
Have I Been Wrongfully Terminated?
In many states, employment relationships are considered as “at will.” This allows for the employer or employee to terminate employment with or without a cause for reason, as long as there is no violation of federal, state, or local anti-discrimination laws. Have I Been Wrongfully Terminated? If an employee has been discriminated against and was terminated, […]