The U.S. Department of Labor recently highlighted the distressing problem of workplace injuries in the health care industry. Health care workers, such as nurses and nurse aides, suffer work-related injuries and illnesses at a rate almost twice as high as the rate of workers in private industry. They suffer injuries…
Articles Posted in Family Medical Leave
Tyson loses appeal in case where it fired employee on the day he returned from FMLA leave
Last month, the U.S. Eighth Circuit Court of Appeals, in Missouri, held that a reasonable jury could determine that Tyson Fresh Meats violated the Family and Medical Leave Act (FMLA) when it fired Delbert Hudson. The Eighth Circuit reversed the trial court’s decision to dismiss the case. In December…
Bill would extend FMLA to cover absences due to death of a child
Earlier this month, bills were reintroduced in the U.S. House and the Senate that would amend the Family and Medical Leave Act (FMLA) so that it would protect employees who take time off from work due to the death of a child. The bill is called the Parental Bereavement Leave…
Paid sick leave laws possibly expanding further in New England
The legislatures in Connecticut and Vermont are considering bills that would further expand the availability of paid sick leave for workers. As we’ve reported before, paid sick leave laws are beginning to pop up in various parts of the country. However, Maine, unlike some of its neighboring New England states,…
When will the United States catch up with the rest of the world on paid maternity leave?
The United States is one of the few countries in the world that does not require employers to provide paid maternity leave to employees. A U.N. study of 185 countries found that the United States, Papua New Guinea, and Oman are the only countries that do not provide paid maternity…
In pregnancy discrimination case, court rejects employer’s argument that it didn’t know plaintiff was pregnant
Last week, a federal court in Massachusetts held that a reasonable jury could find that the Salter School discriminated against former employee Victoria Domenichetti because she was pregnant and would need maternity leave. Ms. Domenichetti worked as the Externship Coordinator at the Salter School’s Fall River campus, which is a…
Appeals court reinstates FMLA claim of employee fired nine days after her return from FMLA leave
Last month, the U.S. Sixth Circuit Court of Appeals held that a reasonable jury could determine that the defendant-employer violated the Family and Medical Leave Act (FMLA) when it fired the plaintiff-employee after she returned from medical leave related to a knee replacement surgery. The FMLA, among other things, requires…
Federal appeals court holds that employee was entitled to FMLA leave because two employers jointly employed him
Last week, the U.S. Seventh Circuit Court of Appeals, in Chicago, affirmed a trial court’s holding that two United Airlines contractors, Trans States Airlines and GoJet Airlines, jointly employed former employee Darren Cuff under the Family and Medical Leave Act (FMLA). The FMLA requires covered employers to provide medical leave…
Paid sick and family leave laws are continuing to spread
In most places in the United States, including Maine, employers do not have to provide paid leave to employees who need to take time off from work because they are sick, to care for a sick family member with, or to care for a newborn child. The federal Family and…
Maine federal court rules against F.W. Webb in disability discrimination and medical leave case
In a case that the Maine Employee Rights Group (MERG) filed against F.W. Webb Co., the U.S. District Court of Maine has found that a jury could reasonably conclude that in 2009 F.W. Webb unlawfully fired Mr. Crosby, a former truck driver based out of its South Portland location, because…