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FMLA’s New Definition of Spouse Halted in Four States

United States v. Windsor Marriage Act Called into Question in Some States Do you live in a state that supports the Defense of Marriage Act? If you applauded the Supreme Court’s decision in United States v. Windsor — the recent hearing and argument over the Defense of Marriage Act (DOMA) — and wondered what that […]

doctor speaking to couple in medical office

Find Out if You’re Covered by the Family Medical Leave Act

Are you entitled to protection under the the Family and Medical Leave Act? The Family and Medical Leave Act (FMLA) provides that covered employees have a right to return to their jobs after approved, eligible leave. Employees who are eligible for protected FMLA leave may take up to 12-weeks unpaid leave during a 12-month period. […]

elderly obese man sitting on bed with hands on walker

Is obesity a disability protected by law?

A Nebraska man has appealed a lower court’s decision that his obesity is not a physical impairment protected by the Americans with Disabilities Act (ADA). Melvin Morriss III maintains he was denied a job because of the current and future impairments the company associated with his weight. In May 2011, Mr. Morriss, whose body-mass index […]

pregnant woman sitting at desk with hand on glasses and stomach

How to Prepare for FMLA: A Step-by-Step Guide

Changes to your family can be very stressful. Taking time off can add to that stress. Even if the reason you’re taking leave is due to a happy event like the birth of a baby, you don’t want to be distracted by worrying about whether your job is secure or not. If you’re considering FMLA […]

same sex marriage

What Employees Should Know About the FMLA & Same Sex Labor Rules

Some companies adopted human resource policies over leave and benefits for domestic partners as early as 1982, before the debate over same sex marriage arose, but now that United States vs. Windsor (2013) has allowed that same-sex marriages performed in states where it’s legal are valid for purposes of federal law, this includes the Family […]

tired pregnant woman sits at desk with eyes closed and hand on forehead and stomach

Can You Lose Your Job If You Apply for FMLA?

The Family Medical Leave Act (FMLA) was designed to help employees care for themselves, or their families, for up to twelve-weeks during any twelve-month period, as needed, without fear of losing their jobs. However, the leave is governed by regulations and other important details. Understanding these stipulations can better prepare you and help determine whether […]

man filing out medical history form

What’s Not Covered Under FMLA

The Family Medical Leave Act (FMLA) generally applies to private-sector employers with 50 or more employees within 75 miles of an employee’s work location. If you work for a private-sector employer with less than 50 employees within a 75-mile radius, you are not covered by FMLA. Here are a few other reasons why an employee […]

word discrimination being erased

How to Stop Pregnancy Discrimination in the Workplace

Pregnancy discrimination in the workplace has been receiving a lot of attention recently because of the US Supreme Court case involving UPS. In the case, the Pregnancy Discrimination Act of 1978 is under scrutiny. Justices will make a decision as to what “adequate accommodation of pregnant women” means. Their decision may radically affect what employers […]

pregnant woman sitting at desk on the phone

Small Companies and Pregnancy Discrimination: What Can You Do?

The Pregnancy Discrimination Act of 1978 (PDA) protects pregnant women from being discriminated against based on their pregnancy. The law states that pregnant women must be treated the same as other employees. However, this law only applies to companies that are larger than fifteen people. Where does that leave women working for small businesses? While […]

pregnant woman holds stomach while at desk

How Employers Discriminate Against Pregnant Women

It doesn’t take a law degree to know that getting terminated from your job based merely on announcing your pregnancy is wrong. That situation has the potential for discrimination. If your company is larger than fifteen people, your rights are protected by the Pregnancy Discrimination Act (PDA). However, termination is not the only way pregnant […]

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