6th Circuit Rules in Complex FMLA Case

On March 26, 2008, the United States Court of Appeals for the 6^th Circuit filed a decision in a case involving a number of complex issues related to the Family and Medical Leave Act (FMLA). The case involved joint employment, successor-in-interest rules and whether a position still existed.

Employer’s Duty to Accommodate Religion Has Limits

As with disabilities, so also with an employee’s religious beliefs: an employer is required to provide a reasonable accommodation, and this requirement is not unlimited. In Equal Employment Opportunity Commission and David Wise v. Firestone Fibers & Textiles Company, et al., Nos. 06-2203 and 06-2241, Firestone claimed that the plaintiff requested an unreasonable accommodation. A District court granted summary judgment against EEOC and Wise, and the Fourth Circuit affirmed.

Split Decision in Motorola FMLA Case

Earlier this year, the United States Court of Appeals for the 7th Circuit issued a split decision involving a number of claims by Motorola employees involving the Family and Medical Leave Act (FMLA). Six employees claimed that their supervisors at Motorola’s Rockford, Illinois facility penalized them for taking leave under FMLA.

Washington Grants Domestic Violence Leave

Effective April 1, 2008, Washington requires employers to provide time off to employees who are victims of domestic violence, sexual assault or stalking.

New Washington Law Requires Leave for Military Spouses

On March 19, 2008, Washington Governor Chris Gregoire signed S.B. 6447, requiring public and private employers of any size to allow eligible employees up to 15 days of unpaid leave when their spouse is notified of an impending call or order to active duty or on leave from deployment during a military conflict. This legislation takes effect on June 11, 2008.

House Passes Expansive Mental Health Parity Bill

On March 5, 2008, the House of Representatives passed the Paul Wellstone Mental Health and Addiction Equity Act of 2007. This bill would significantly expand the scope of the Mental Health Parity Act approved by Congress in 1996.

The original law prohibits lifetime and annual limits on mental health treatment. The new bill would require that plans that cover mental health provide the same level of benefits for both mental health and substance abuse treatment as are provided for medical and surgical treatment. As with the original law, the new bill only applies to employers with more than 50 employees.

The Senate passed a similar bill several months ago and now a conference committee must work out the differences between the two bills.