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FMLA Decision Has Gems for Employers

"[T]he court noted that an employee's subjective feelings are not in themselves enough to establish a valid claim.... The Second Circuit panel ... found that the employer's failure to provide the notices did not support Patti's interference claim. No prejudice.... The employer said that Patti was doing a lousy job with U.S. clients. Patti disagreed, and said that her contrary opinion was enough to get her FMLA retaliation claim to a jury. But the court correctly noted that her personal opinion was not relevant.... [T]he employer's performance-related feedback had been consistent the whole time -- before, during, and after the FMLA leave." [Haran v. Orange Business Services, Inc., No. 24-2312 (2d Cir. Nov. 25, 2025)]

FMLA Brain Teaser!

"For many years, the employer used a fixed year for determining the amount of FMLA leave an employee was entitled to.... The new TPA decided that it would transition from a fixed FMLA leave year to a rolling 12-month period.... Annabelle claims that changing to the rolling 12-month leave year means that employees who were FMLA-eligible in 2024 may not be FMLA-eligible in 2025.... [Is] Annabelle correct that the employer/TPA violated the FMLA by failing (or refusing) to provide in late 2024 a notice of the changes that would take effect in 2025 and later?"

Who Needs a Written Information Security Plan (WISP) and Why?

"Who needs a WISP? ... [1] Any business that collects, stores, or processes personal information.... [2] Sectors such as health care, insurance, finance, and education have additional federal and state regulations mandating robust information security measures.... [3] Entities reporting data breaches.... Checklist for developing a WISP: Oversight.... Risk assessment.... Documentation.... Legal requirements."

FMLA Leave: What One Employer (Allegedly) Did Wrong

"[1] Don't let employees work while on continuous FMLA leave.... [2] If you want to restructure the position of an employee on FMLA leave (or soon after they've taken FMLA leave), be very, very careful.... [3] If you offer a 'work hardening' program, give the employee a reasonable chance to 'harden.' ... [4] If a 'problem employee' goes out on FMLA leave, don't view the leave as your opportunity to show them the door.... [5] Never forget that your disability accommodation obligations are in addition to, not instead of, your FMLA obligations.' [Kelley vs. Jewish Voice Ministries Int"l, No. 23-0353 (D. Ariz. Oct. 4, 2024)]

Employer's Guide to State Voting Leave Requirements (PDF)

"[A table] summarizes state laws for private employers regarding voting leave for employees.... States with no statute or regulatory provisions applicable to private employers: Delaware, Florida, Hawaii, Idaho, Indiana, Louisiana, Maine, Michigan, Montana, New Hampshire, New Jersey, North Carolina, Oregon, Pennsylvania, Rhode Island, South Carolina, Virginia, and Washington."

FMLA Abuse: What One Employer Did Right

"If an employer honestly believes an employee committed what would be a legitimate ground for termination, and takes action against the employee based on that belief, then the action is not unlawful. This rule applies even if it turns out that the employer was mistaken." [Shipton v. Baltimore Gas and Elec. Co., No. 23-1360 (4th Cir. Jul. 31, 2024)]

District Court Allows ADA Challenge to Wellness Incentives to Stay Alive

"According to the lawsuit, participants in the wellness program got a nice financial 'discount' on their health insurance premiums. Non-participants, including the plaintiffs, were not eligible for the discount.... [T]he plaintiffs argue that the discount for participation is so significant that it makes participation in the wellness program 'not voluntary.' And if participation is not voluntary, then requesting the information is a violation of the ADA." [Diment v. Quad/Graphics, Inc., No. 23-1173 (E.D. Ill. Jun. 11, 2024)]

Windy City Employers: Prepare for a Gust of Additional Changes in Paid Leave Obligations, Starting July 1

"[T]he Illinois Act mandates that all employees receive at least 40 hours of paid time off per year, which can be used for any reason ... [F]or Illinois employers with employees located within the City of Chicago, the Chicago Paid Leave and Paid Sick and Safe Leave Ordinance will double the minimum amount of paid leave that employees must get."

Understanding OCR's Updated Guidance on Health Data Tracking and HIPAA Privacy Rule

"OCR's updated guidance reflects its view that tracking technologies used by regulated entities on user-authenticated webpages and mobile applications generally do collect protected health information, referred to as PHI. Where the new guidance differs, however, is on the information collected via tracking technologies on unauthenticated webpages."

Want to Fire Your Employee for FMLA Fraud?

"Of course, employees do sometimes do get caught ... taking fraudulent FMLA leave ... If it turns out that the employee's activity was consistent with her alleged medical condition and that the activity had been authorized by her health care provider, then the leave is almost certainly not fraudulent. Which means that if you fire without considering these possibilities and conducting an adequate investigation, you could be liable -- in one way or another -- for terminating an employee on a legitimate FMLA leave." [Burnett v. East Tallahatchie School Dist., No. 23-183 (N.D. Miss. Jan. 11, 2024)]