The federal Department of Labor issued some important guidance regarding the coverage of the Family and Medical Leave Act (FMLA) as it applies to all sorts of unconventional families. The DOL made clear that FMLA rights to get time off to care for children do not require a biological relationship with the child. Rather, anyone who has assumed the role of parent (for example a non-married step-parent, grandparent, or same-sex partner) is entitled to FMLA leave to care for the child.  Continue for highlights from the guidance: Read more…

Categories: Legislative Action Tags: DOL, Family and Medical Leave Act, FMLA, Labor and Employment, Parental Leave, Work and Family Balance

An op-ed in the Washington Post calls for paid family and maternity leave because the 12 weeks of unpaid leave provided by the Family and Medical Leave Act (FMLA) is grossly inadequate.  Sharon Lerner traces the history of legislative efforts to provide paid leave to support workers’ families, the compromised law that is the FMLA, and the pernicious effects of inadequate paid leave.  The need for reform is stark:

When it comes to paid maternity leave, the United States is in the postpartum dark ages.  One hundred and seventy-seven nations — including Djibouti, Haiti and Afghanistan — have laws on the books requiring that all women, and in some cases men, receive both income and job-protected time off after the birth of a child. But here, the Family and Medical Leave Act of 1993 provides only unpaid leave, and most working mothers don’t get to stay home with their newborns for the 12 weeks allowed by the law. Many aren’t covered by the FMLA; others can’t afford to take unpaid time off. Some go back to work a few weeks after giving birth, and some go back after mere days.

Categories: Legislative Action Tags: Congress, Family and Medical Leave Act, FMLA, Labor and Employment, Maternity Leave, Unpaid Leave, Work and Family Balance

On the heels of Mike’s talk to the North Carolina Legislature’s Joint Study Committee on Work and Family Balance, the Center for American Progress has published an excellent new report, “The Three Faces of Work-Family Conflict.”  The paper describes how the typical workplace today is deeply out of sync with today’s workforce because of dramatic changes over the past few decades in incomes, working hours, and patterns of family care.  Moreover, our employment laws have failed to keep up with these changes, and offer little support or protection for working families.  The report calls for:

• Short-term and extended leaves from work, including paid time off for family and medical leave and paid sick days.
• Workplace flexibility to allow families to plan their work lives and their family lives.
• High-quality and affordable childcare so that breadwinners can concentrate on work at work, and
• Freedom from discrimination based on family responsibilities.

Check out the full report or the executive summary for more details.

Categories: General News Tags: Childcare, Family Responsibility Discrimination, FMLA, Labor and Employment, Paid Leave, Work and Family Balance

Yesterday, Michael Okun spoke in front of the North Carolina Legislature’s Joint Study Committee on Work and Family Balance.  Mike presented an overview of employment law, the specific laws that assist employees in caring for family members and themselves, and possible improvements that could be made to further assist employees as they balance the demands of work and family.

An excellent paper on the topic is “Free Riding on Families: Why the American Workplace Needs to Change and How to Do It,” an Issue Brief by Phoebe Taubman, an Equal Justice Works Fellow with A Better Balance: The Work and Family Legal Center, based in New York City.  The paper discusses the need for reform, compares our laws to the more robust protections available in most other countries, and proposes reforms in the areas of: an improved Family and Medical Leave Act, paid sick days, workplace flexibility, employment discrimination against caregivers, and workplace equity.

Categories: Legislative Action Tags: Discrimination, FMLA, Labor and Employment, Michael Okun, NC Legislature, Paid Leave, Work and Family Balance

Last week, President Obama signed the Fiscal Year 2010 National Defense Authorization Act (NDAA), an appropriations bill that includes an expansion of the Family and Medical Leave Act (FMLA) for military families.  Specifically, it broadens the scope of caregiver and exigency leave for military families.  Details should be available from the Department of Labor in short order.

Categories: Legislative Action Tags: Congress, Family and Medical Leave Act, FMLA, Labor and Employment, Medical Leave, President

Family-Friendly Workplaces: Do Unions Make a Difference?, written by Jennifer MacGillvary of the Labor Center at the University of California-Berkeley and Netsy Firestein of the Labor Project for Working Families, concludes the unions lead to workplaces that, through policy and practice, promote a healthy and viable balance between work life and home life.   Significantly, the study finds that unions increase compliance with the Family and Medical Leave Act, ensure paid sick leave for employees and their children, and increase the likelihood that health care is covered for families.

Categories: General News Tags: Family and Medical Leave Act, FMLA, Health Care, Labor and Employment, Study, Union

Valerie Johnson spoke at the 2008 Annual Conference of the AFL-CIO Lawyers Coordinating Committee (LCC), which was held in Seattle.  Valerie’s talk was part of a session concerning health and safety for workers.  She presented a paper, written along with Narendra Ghosh, titled How Can Unions Protect Injured Workers?

Summary: This paper discusses some common problems faced by injured workers and the remedies available to them. First, workers are often blamed for their own injuries, and then disciplined or discharged for violating safety rules. Those covered by a CBA can contest those sanctions through arbitration. Second, workers who have recovered from their accident may be denied from returning to their jobs on account of their injury. In some cases, such a denial is unlawful under the Americans with Disabilities Act (“ADA”). Third, workers injured by unsafe workplaces may be retaliated against if they report the safety hazard to their employer. Retaliation can be challenged under OSHA § 11(c), and often also under state law.  Finally, those assisting injured workers should always bear in mind the benefits available under workers’ compensation law and the Family and Medical Leave Act (“FMLA”).

Categories: News of the Firm Tags: ADA, AFL-CIO, Articles, Case Commentary, FMLA, LCC, Narendra Ghosh, OSHA, Presentation, Retaliation, Union, Valerie Johnson, Workers' Compensation