Category: Family & Medical Leave
Must An Employer Permit An Employee To Rescind A Voluntary Resignation And Then Go Out On FMLA?
A number of employers have recently had employees voluntarily resign from employment and then subsequently seek to rescind such resignation and go out on Family Medical Leave Act (FMLA) leave. Must an employer permit such a rescission? Depending on the circumstances, maybe not. 29 Code of Federal Regulations 825.311 – Intent to Return to Work, provides: “(b) […]Read More
Revised Definition of “Spouse” Under the FMLA Provides Expanded Rights to Same-Sex Couples
In a July 2013 Alert, we reported on the United States Supreme Court’s landmark case of United States v. Windsor, wherein the Court declared that Section 3 of the Defense of Marriage Act (DOMA) was unconstitutional. The invalidation of DOMA’s definitions of “marriage” and “spouse” granted same-sex couples a host of federal benefits that they […]Read More