Hunt & Associates P.C.

Sep 28, 2018

What You Need to Know About Family Leave

Medical itemsWhether you are sick, injured, or pregnant it is important to know the basics of family leave.  The two most important statutes are the Oregon Family Leave Act (“OFLA”) and the Family Medical Leave Act (“FMLA”). The OFLA is specific to Oregon and is similar to the FMLA, which is the federal version. The following are answers to commonly asked questions:

Am I eligible to take leave?

To be eligible under the FMLA you must … Read more

May 10, 2016

Personal Liability of HR Directors and Other Supervisors for FMLA Violations

In Graziadio v. Culinary Inst. of America, 216 U.S. App. LEXIS 4861 (2nd Cir. 2016) the U.S. Court of Appeals for the Second Circuit held that individuals can be held personally liable for violations of the federal Family Medical Leave Act (“FMLA”).  The court specifically held that the defendant’s Human Resources Director could be adjudged personally liable for the employer’s alleged violations of the FMLA because the HR Director was also arguably an “employer” … Read more

Feb 24, 2015

Employer Obligations under the Family Medical Leave Act and the Changing Definition of Marriage

The U.S. Department of Labor has scheduled announcement that it will issue a Final Rule effective March 27, 2015 expanding the definition of “spouse” for purposes of determining an employee’s entitlement to Family Medical Leave. Specifically, the new rule will define a “spouse” for purposes of FMLA leave in accordance with the law of the state where the marriage was celebrated rather than under the law of the employee’s residence. Thus, a same sex marriage … Read more