BOOK

The Family and Medical Leave Act, with 2013 Cumulative Supplement

Special ABA Section member price

This resource covers all aspects of the Family and Medical Leave Act (FMLA). The treatise looks at the Act’s interrelationships with other laws, as well as the responsibilities of employees and employers under the Act. It covers statutes, regulations, and case law, including provisions, and key related Department of Labor (DOL) regulations and opinion letters.

MEET THE AUTHOR
Michael J. Ossip
Editor-in-Chief
Robert M. Hale
Editor-in-Chief
Indira Talwani
Associate Editor
Gail V. Coleman
Associate Editor/Supplement Editor-in-Chief
Gina M. Chang
Supplement Associate Editor
William Bush
Supplement Associate Editor
Christy E. Phanthavong
Supplement Senior Editor
Michelle Barrett Falconer
Supplement Senior Editor

DESCRIPTION

Main Volume Information

Thorough and accurate guidance on the issues practitioners must face in complying with the FMLA

The Family and Medical Leave Act is the paradigm of support in handling all aspects of the FMLA, including interrelationships with other laws. This thorough treatise focuses on the responsibilities of employees and employers under the Act, as reflected in the statute, regulations, and case law, including:

  • Provisions of the Family and Medical Leave Act 
  • Regulations promulgated by the Department of Labor (DOL) 
  • How DOL opinion letters have interpreted FMLA provisions 
  • Case law under the FMLA 
  • How FMLA leave rights are coordinated with other legal rights of employees 

Appendices include the statute and DOL Final Regulations—the two critical documents that must be understood by practitioners—and comprehensive guides to the more than 120 FMLA opinion letters issued by the DOL, listed by topic, by section of the Act and/or regulations, and chronologically. Plus, you’ll find summaries of the numerous state leave laws.

 

Supplement Information

The 2013 Cumulative Supplement analyzes and explains statutory and regulatory changes to the Act. Specifically, the Supplement discusses:

  • The 2013 rule to implement the 2009 and 2010 amendments to the military leave provisions and the 2010 airline flight crew provisions
  • Varying approaches of the courts to caring for family members, including adult children
  • Cases regarding substance abuse under the FMLA: when it is a serious health condition, when leave may be taken for treatment, or when employers may enforce substance abuse policies
  • Cases regarding the interplay between the FMLA and employer policies regarding notice, certification, and fitness-for-duty certifications
  • Cases regarding how much notice an employee is required to provide where the employer has some knowledge of the employee's condition
  • Mixed motive cases under the FMLA, after the Supreme Court decision in Gross v. FBL Financial Services, Inc.
  • The effect of the Supreme Court’s decision in Coleman v. Court of Appeals of Maryland on state sovereign immunity and the self-care provision

AUTHORS

Bloomberg BNA authors and editors are practicing professionals with insider perspectives and real-life experience. Learn more about this book’s authors and editors.
MICHAEL J. OSSIP , EDITOR-IN-CHIEF
Michael J. Ossip is a partner at Morgan Lewis, in its Labor and Employment Practice. His practice is devoted exclusively to the representation of management in all facets of employee relations, including the litigation of claims of employment discrimination and wrongful discharge in federal and state courts.

ROBERT M. HALE , EDITOR-IN-CHIEF
Robert M. Hale, a partner in and chair at Goodwin Procter's Labor & Employment Practice, represents employers across a broad spectrum of employment matters.

INDIRA TALWANI , ASSOCIATE EDITOR

GAIL V. COLEMAN , ASSOCIATE EDITOR/SUPPLEMENT EDITOR-IN-CHIEF

GINA M. CHANG , SUPPLEMENT ASSOCIATE EDITOR
Gina M. Chang is the Director of Labor and Litigation at TIBCO Software, where she advises management and HR on employment law compliance and disputes, and manage litigation.

WILLIAM BUSH , SUPPLEMENT ASSOCIATE EDITOR
William Bush is a Staff Attorney at the Legal Aid Society of Middle Tennessee and Cumberlands.

CHRISTY E. PHANTHAVONG , SUPPLEMENT SENIOR EDITOR
Christy E. Phanthavong, provides employment counseling and employment litigation defense to management clients at Bryan Cave. Her counseling areas of expertise cover all aspects of Family and Medical Leave Act  administration, including providing advice on managing intermittent leaves, responding to suspected fraud, and ensuring compliance with regulations

MICHELLE BARRETT FALCONER , SUPPLEMENT SENIOR EDITOR

Michelle Barrett Falconer is the Co-Chair, Leaves of Absence and Disability Accommodation Practice Group, at Littler.

Federal Labor Standards Legislation CommitteeABA Section of Labor and Employment Law 


CONTENTS

View full tables of contents and read the book’s preface or introduction.