New Paid Family Leave Tax Credit

By Mike Dubetz and Steve Miller The recently-enacted Tax Cut and Jobs Act (the “Tax Act”) includes a provision that eases the burden for employers who adopt paid family and medical leave policies.  The Tax Act added a new federal tax credit available through 2019 to employers that adopt a paid family and medical leave […]

I Need a Vacation, Doctor’s Orders

By Bryan Stillwagon Having a chronic serious health condition doesn’t entitle an employee to take leave whenever he chooses.  Even if the leave would be medically beneficial, it has to correspond to a period of incapacity.  In Hurley v. Kent of Naples, Inc., No. 2:10-cv-00334-JES-SPC, 2014 WL 1088293 (11th Cir. Mar. 20, 2014), an employee’s […]

Workers May Choose Vacation or FMLA Leave

By Matt Morrison In 2007, Maria Escriba requested and received two weeks of vacation from her employer to travel to Guatemala to care for her ailing father. When Escriba did not return to work at the end of her leave, the employer discharged her.  Escriba sued, alleging that her employer unlawfully interfered with her right […]

Location Doesn’t Matter

By Bill Wright The Chicago-based 7th Circuit Court of Appeals ruled that where an employee provides care for a family member with a serious health condition does not matter under the Family and Medical Leave Act (“FMLA”). The employee was the principal caregiver for her mother. As an end-of-life wish, a charity gave the mother […]