How much military caregiver leave can I take under the National Defense Authorization Act (“NDAA”)? | Labor & Employment Law Legal Resources

How much military caregiver leave can I take under the National Defense Authorization Act (“NDAA”)?

Wed, 11 Aug 2010 18:16:48 GMT

Eligible employees are entitled to take up to 26 weeks of military caregiver leave within a 12-month period. If an eligible employee takes up to 12 weeks of leave under the revised Family and Medical Leave Act (“FMLA”) for another reason, in addition to military caregiver leave, the employee is limited to a total of 26 weeks of leave per a 12-month period.

Am I entitled to leave due to both a “qualifying exigency” under the National Defense Authorization Act (“NDAA”) and a serious health condition under the Family and Medical Leave Act (“FMLA”)?

Tue, 31 Mar 2009 01:25:42 GMT

Yes. However, the total amount of leave that you can use for either or both reasons is limited to 12 weeks of leave within a 12-month period.

Are all employees entitled to take military family leave under the National Defense Authorization Act (“NDAA”)?

Tue, 31 Mar 2009 02:06:12 GMT

No. Only employees who work for an employer who is subject to the Family and Medical Leave Act (“FMLA”), who have worked more than 1,250 hours in the last 12 months, who have worked for the employer for at least 12 months, and who are employed at or within 75 miles of a location where at least 50 employees work are eligible for the military family leave provisions of the NDAA.

Can An Employer Use Arrest And Criminal Records To Reject A Job Applicant?

Tue, 06 Nov 2007 19:33:41 GMT

There have been some cases where the EEOC has found the blanket use of arrest or criminal records as a basis for rejecting job applicants to be unlawful if such use results in a disporportionate effect on the rejection of African American job applicants, unless an employer can show that an employee having a clean criminal history is necessary to the operation of the employer’s business. When refusing to hire based on an applicants criminal history, an employer

Can I Be Fired From Work For No Reason?

Sun, 07 Apr 2013 21:30:49 GMT

Generally, yes. The general rule is that unless there is an agreement stating otherwise, all employees are considered “at-will" employees. As an “at-will" employee, you can be fired for any reason, or no reason at all. For example, if your boss wants to fire you so that his boss’ sister can take your position, then he can without consequence. However there are a number of exceptions to this rule. Common exceptions to the “at-will" employment rule are:

Can I be represented by an attorney during an investigation of my business by the Wage and Hour Division (WHD) of the U.S. Department of Labor?

Wed, 27 Apr 2011 17:53:02 GMT

Yes. You have the right to have your business represented by an attorney throughout the WHD investigation.

Can I carry over unused military caregiver leave time from one year to the next under the National Defense Authorization Act (NDAA)?

Fri, 03 Jun 2011 17:09:37 GMT

No. If you do not use the entire 26 weeks of military caregiver leave time available to you during a 12-month period, you forfeit the time that you did not use.

Can I file a claim against my employer for invading my privacy?

Sun, 04 Jul 2010 20:09:45 GMT

There may be circumstances in which you have a claim against your employer for invasion of privacy, but your rights to do so may be quite limited. The legal term “invasion of privacy” can signal a variety of scenarios, many of which are dependent on a particular state’s laws; however, invasion of privacy with respect to employment generally refers to a situation in which an employee feels that an employer has violated his or her rights to privacy by obtaining and/or disclo

Can I take leave due to a qualifying exigency under the National Defense Authorization Act (NDAA) after my covered military family member returns from active duty?

Wed, 02 Mar 2011 17:34:03 GMT

Yes. You are entitled to take leave for up to 90 days following the return of your covered military family member from active duty for certain post-deployment activities.

Can I take leave from my job under the revised Family Medical and Leave Act (“FMLA”) if I am pregnant or give birth to a child?

Sun, 29 Mar 2009 23:58:28 GMT

Yes. As long as your employer is subject to FMLA, you are entitled to take up to 12 weeks of leave for health conditions related to your pregnancy and/or childbirth.

Can I take leave from my job under the revised Family and Medical Leave Act (“FMLA”) if I am sick?

Mon, 30 Mar 2009 00:11:05 GMT

You qualify to take up to 12 weeks of leave under the FMLA if you are suffering from a chronic serious health condition that has left you incapacitated, or for which you must undergo treatment.

Can I take leave under the revised Family and Medical Leave Act (“FMLA”) for hours that I am required to work overtime?

Tue, 31 Mar 2009 00:39:28 GMT

Yes. As long as you provide your employer with the proper medical certification, you can take FMLA leave for your mandatory overtime hours.

Can I use my computer at work for personal use?

Mon, 05 Jul 2010 14:47:01 GMT

Whether you can use your computer at work for your personal communications and other non-business purposes depends on your workplace policies regarding this matter. However, even if your employer permits you to use your computer for your personal matters, you should have no expectation of privacy as to the contents of your computer or your email accessed via that computer. Generally, an employer has the right to monitor your computer usage, whether it is for business or personal purpos

Can I use my paid vacation or sick time as leave under the revised Family and Medical Leave Act (“FMLA”)?

Thu, 22 Jul 2010 16:36:44 GMT

Yes. You can choose to use paid vacation or sick time if you need to take leave under the FMLA. Your employer can also make you use up your paid time when you request to take FMLA leave, before you can take any unpaid leave.

Can a father take leave from his job under the revised Family and Medical Leave Act (“FMLA”) for the birth of his child?

Mon, 30 Mar 2009 00:04:28 GMT

Yes. As long as his employer is subject to FMLA, a father can take up to 12 weeks of leave for the birth of his child and to care for his spouse who is incapacitated due to pregnancy and/or childbirth.

Can my employer contact my doctor about my medical condition if I take leave under the revised Family and Medical Leave Act (“FMLA”)?

Mon, 30 Mar 2009 00:54:26 GMT

Any contact between your employer and your doctor is subject to the Health Insurance Portability and Accountability Act (“HIPAA”) privacy rules. Your doctor can only disclose that information to your employer about your medical condition that you have specifically agreed to in writing; however, you don’t have to sign a release allowing your doctor to give your employer any information at all. Plus, your direct supervisor cannot contact your doctor; only human resource

Can my employer deny me a perfect attendance award if my only absences are due to FMLA leave time?

Thu, 09 Jun 2011 18:44:34 GMT

Yes. An employer can deny you a perfect attendance award even if your only absences were taken pursuant to the FMLA.

Can my employer discipline me for my activities that took place outside work hours?

Sun, 04 Jul 2010 20:08:29 GMT

It depends on your state’s laws, your employer’s policies, and the nature of your job. For instance, if you hold a position involving law enforcement and/or national security, an arrest for discharging a firearm while intoxicated, even if it occurs outside of work hours, would definitely be problematic. Moreover, if you are a licensed professional, you may be subject to sanctions not only by your employer, but by any licensing board that governs your profession. For ex

Can my employer discipline me for my comments posted on Facebook, MySpace, or my blog?

Mon, 09 Aug 2010 16:58:34 GMT

In some cases, yes, your employer may be able to discipline you for comments made online, even outside of business hours. While negative postings about your employer may be legal and permissible under the First Amendment, your employer may be able to discipline and even discharge you if you are openly critical about your employer. Many states consider most employees to be at will, which means that you can be discharged for any reason other than an illegally discriminatory reaso

Can my employer force me to have a drug test?

Tue, 29 Jun 2010 17:27:35 GMT

Although drug testing is often a part of the application process for many employers, whether an employer can require employees to undergo drug tests after they have already been hired and working for the employer is another matter altogether. In some states, this type of drug testing is not permissible, whereas in other states, it is widely practiced. Federal laws, such as the American with Disabilities Act and the Drug Free Workplace Act, also may impact an employer’s rights to

Can my employer monitor my Internet usage at work?

Tue, 17 May 2011 18:07:21 GMT

As employees increasingly have access to computers and the Internet as a function of their jobs, the issue of Internet usage while at work has become an important issue in terms of employee discipline and the drafting of employer policies. In most circumstances, an employer has the right to ensure that you are using the Internet for the specified purposes needed to conduct the functions of your job. An employer can monitor the websites that you visit, observe the amount of time t

Can my employer prohibit me from using my phone at work?

Tue, 29 Jun 2010 17:27:36 GMT

Unlike most types of electronic communications, an employer’s right to monitor personal telephone conversations is limited by federal law. The Electronic Communications Privacy Act (“ECPA”) prohibits employers from listening to employees’ personal telephone conversations or voicemail messages in the workplace, whether the calls are made or received on a work telephone or an employee’s personal cell phone. An employer also is potentially liable under t

Can my employer read my email?

Thu, 09 Sep 2010 16:23:52 GMT

Since today’s business world almost always uses technology to some degree, employers have recently instituted policies about employee email in the workplace. If your employer has a written policy in place advising you that your email communications may be monitored, it is likely that your employer has the right to monitor, review, and read all of your email communications, particularly if you are using a workplace computer and/or a business email account. If your employer has a d

Can my employer request my medical records or history?

Tue, 29 Jun 2010 17:27:33 GMT

Under normal circumstances, your employer is not entitled to access your medical records and/or history. However, there are situations in which your employer may validly access your medical history. For instance, some sorts of jobs require that you be in a certain physical and/or mental condition, such as law enforcement jobs, or positions within the military; for these types of jobs, you may have to disclose information about your medical history, and perhaps even undergo a physical o

Can my employer use cameras or video surveillance to watch me while at work?

Mon, 22 Aug 2011 19:17:25 GMT

Your employer generally can use selected types of surveillance in the workplace, so long as there is a legitimate business purpose for doing so. For instance, employers often security cameras for the safety of their workers and customers, in order to discourage theft and other crimes by workers or customers, and/or to ensure that workers are not engaging in inappropriate or unproductive behavior. Plus, some states have laws that restrict or prohibit the usage of certain types of

Can the Wage and Hour Division (“WHD”) of the U.S. Department of Labor investigate my business if no complaint has been made?

Tue, 31 Mar 2009 23:39:12 GMT

Yes. WHD targets certain types of businesses for investigations, such as low-wage industries that have higher rates of noncompliance with applicable laws, or businesses located within a certain geographic region.

Do I have to give my employer documentation of my eligibility to take leave under the revised Family and Medical Leave Act (FMLA)?

Mon, 25 Apr 2011 17:03:50 GMT

When your employer decides whether you are eligible for FMLA leave, your employer must also give you information about the requirements to take FMLA leave, such as whether you will be required to provide documentation of the qualifying reason(s) for taking leave under the FMLA, and your other rights and responsibilities under the revised FMLA.

Do I have to provide any documentation to my employer if I need to take military caregiver leave under the National Defense Authorization Act (“NDAA”)?

Tue, 31 Mar 2009 01:51:55 GMT

Your employer can require you to provide certification from an authorized healthcare provider who is treating the covered servicemember. An optional form is available from the U.S. Department of Labor that can help you obtain the certification that your employer may require in order for you to take military caregiver leave.

Do I have to tell my employer about drugs that my doctor prescribes for me?

Tue, 29 Jun 2010 17:27:33 GMT

Your employer typically has no right to any of your medical history, including any drugs that your doctor may have prescribed for you. Some state laws do provide that you obtain certification of a serious medical condition from your doctor if you are requesting leave pursuant to the Family and Medical Leave Act, but even then, a list of your prescription drugs would not normally be available to your employer. Likewise, the results of any drug testing that you undergo in the workplace,

Do all employers have to permit military family leave under the National Defense Authorization Act (“NDAA”)?

Tue, 31 Mar 2009 01:59:23 GMT

No. Only employers that are subject to the Family and Medical Leave Act (“FMLA”), i.e. public agencies, schools, and private companies with 50 or more employees, are subject to the military family leave provisions of the NDAA.

Do missed work periods due to my National Guard duty count against my eligibility under the revised Family and Medical Leave Act (FMLA)?

Fri, 29 Jul 2011 18:36:11 GMT

No. Your employer must consider the time periods during which you would have worked but for your military service in computing your eligibility under the revised FMLA.

Do the military family leave provisions of the National Defense Authorization Act (“NDAA”) require that employers provide paid leave?

Tue, 31 Mar 2009 02:11:58 GMT

No. The NDAA military family leave provisions mandate only that an employer permit unpaid leave. However, you may be able to use your regular paid leave from your job while also using military family leave.

Does My Employer Have To Give Me Notice Before I Can Be Fired Or Laid Off?

Fri, 27 Jun 2008 19:43:59 GMT

It depends. If you are considered an “at-will” employee, your employer can terminate your employment without notice. However, if you have an employment contract, or if you are a union member covered by a collective bargaining agreement, you may be entitled to certain notice prior to termination of employment under the contract or bargaining agreement. Also, in some situations, the WARN Act provides for notice to workers prior to certain plant closings and

Does a “covered military member” for the purposes of the National Defense Authorization Act (“NDAA”) include my child who is over 18 years of age, or my stepchild?

Tue, 31 Mar 2009 01:06:30 GMT

Yes. The definition of covered military member in the NDAA includes biological and adopted children, stepchildren, and children for whom you were a guardian or foster parent, as well as those children who are over the age of 18.

Does a court or the U.S. Department of Labor have to approve any settlement between my employer and I for a violation of the revised Family and Medical Leave Act (“FMLA”)?

Tue, 31 Mar 2009 22:55:21 GMT

No. You are free to enter into a settlement of any claim for violation of the FMLA that you might have against your employer, which typically results in you waiving all rights to further action against your employer for that violation of law.

Does my employer have to keep information that I tell him or her confidential?

Mon, 04 Apr 2011 17:19:27 GMT

It depends. You must keep in mind that any and all personal information that you disclose to your employer can theoretically become a part of your personnel file, which may be viewed by a variety of people. The bottom line is that if you don’t want others to know a certain fact about you, then you probably shouldn’t tell your employer.

How Is Severance Calculated And When Is It Due?

Tue, 29 May 2007 20:19:00 GMT

There is no requirement in the FLSA for severance pay. Severance pay is a matter of agreement between an employer and an employee (or the employee's representative). However, if there is a contract of employment which entitles the employee to severance pay, or sometimes even if its simply a matter of policy that certain positions receive severance pay, then the employee might have a legal claim if severance is not paid accordingly.

The Pensio

How Is Vacation Pay, Sick Pay, And Holiday Pay Computed And When Is Such Pay Due?

Tue, 27 May 2008 17:04:20 GMT

The FLSA does not require payment for time not worked, such as vacations, sick leave or holidays (Federal or otherwise). These benefits are matters of agreement between an employer and an employee (or the employee's representative).

How Many Hours Is Full-Time Employment? How Many Hours Is Part-Time Employment?

Wed, 02 Apr 2008 04:25:45 GMT

This is a matter generally determined by an employer. Many people mistakenly believe that full-time employment consists of 40 hours per week. However, the federal Fair Labor Standards Act (FLSA) does not define full-time employment or part-time employment. The FLSA does require, however, that overtime pay be paid after 40 hours of work in a workweek. This may be the reason many employers cap full-time employment at 40 hours per week.

How do I know if my medical certification is good enough to take leave under the revised Family and Medical Leave Act (“FMLA”)?

Tue, 31 Mar 2009 23:20:24 GMT

If your employer does not believe your medical certification to be complete or sufficient for the purposes of the FMLA, your employer must specify the problems with your medical certification in writing, and give you up to 7 days to provide a more complete and/or sufficient medical certification.

How do I receive the results of an investigation of my business by the Wage and Hour Division (“WHD”) of the U.S. Department of Labor?

Wed, 01 Sep 2010 17:05:51 GMT

Once WHD has completed its investigation, the investigator will meet with the business’s officials and disclose any violations that were found, as well as the actions needed to correct those violations.

How long do I need to be employed in order to qualify for leave under the revised Family and Medical Leave Act (“FMLA”)?

Mon, 30 Mar 2009 00:30:57 GMT

You must be employed by a covered employer, you must work at least 1,250 hours in the 12 months prior to your leave, you must work at or within 75 miles of a location where at least 50 employees work, and you must be employed for at least 12 months in order to qualify for FMLA leave. However, your 12 months does not have to be consecutive, although employment periods that are 7 or more years ago do not count, unless the periods were due to military obligations or the terms of a written

How much information do I have to give my employer about my reason for taking leave under the revised Family and Medical Leave Act (“FMLA”)?

Tue, 31 Mar 2009 00:12:05 GMT

You have to give your employer sufficient information about your need for FMLA leave, as well as the timing and length of your leave. Sufficient information might include the fact that you are pregnant or undergoing surgery, or that you must care for a family member who is unable to care for himself. Again, the definition of sufficient information depends on the facts and circumstances of each case.

How much leave can I take due to a qualifying exigency under the National Defense Authorization Act (NDAA)?

Wed, 20 Apr 2011 18:08:15 GMT

You are entitled to 12 weeks of leave due to a “qualifying exigency” within a 12-month period.

How much notice do I have to give my employer if I intend to take leave under the revised Family and Medical Leave Act (FMLA)?

Wed, 09 May 2012 23:42:24 GMT

If you can foresee the time period during which you will need to take leave, such as if you will be giving birth to or adopting a child, then you must give your employer 30 days notice of your FMLA leave. If, however, the event causing your need to take leave is not foreseeable, or you are unable to give your employer notice 30 days beforehand, then you must give your employer notice as soon as possible, depending on the facts and circumstances.

How much notice do I have to give my employer if I need to take military caregiver leave under the National Defense Authorization Act (“NDAA”)?

Tue, 31 Mar 2009 01:48:18 GMT

You must give your employer 30 days notice of your intent to use military caregiver leave under the NDAA. If you are unable to give 30 days notice, then you should give your employer notice as soon as practicable, and comply with any of your employer’s usual call-in procedures if your need to take leave is unforeseeable.

How much notice do I need to give my employer if I need to take leave due to a “qualifying exigency” as provided in the National Defense Authorization Act (“NDAA”)?

Tue, 31 Mar 2009 01:14:28 GMT

You must give your employer notice as soon as possible. If your leave is unforeseeable, you should follow your employer’s regular rules for reporting your absence.

How often can my employer ask for medical certification for my leave under the revised Family and Medical Leave Act (“FMLA”)?

Mon, 30 Mar 2009 00:58:59 GMT

Your employer can ask for medical certification after 30 days, unless the leave period is expected to last more than 30 days, in which case the employer must wait until the leave period is up to ask for certification. An employer can ask for recertification at least every 6 months, and can ask for recertification more often if you request an extension of your leave, or if there are changed circumstances during the leave period.

How quickly does my employer have to let me know if I am eligible to take leave under the revised Family and Medical Leave Act (FMLA)?

Sun, 20 Feb 2011 15:40:34 GMT

Except in extraordinary circumstances, your employer must decide whether you are eligible to take leave under the FMLA within five business days of the date that you requested to take FMLA leave.

If I am taking more than 3 days of leave for a serious health condition for which I am receiving continuing treatment under the revised Family and Medical Leave Act (“FMLA”), are there any timing restrictions on visits to my healthcare provider for treatment?

Tue, 31 Mar 2009 23:05:07 GMT

Yes. The first healthcare provider visit must occur within 7 days of the beginning of the leave period, and you must have at least two visits with your healthcare provider for continuing or periodic treatment per year.

If I am taking more than 3 days of leave for a serious health condition under the revised Family and Medical Leave Act (“FMLA”), are there any timing restrictions on the two required healthcare provider visits during that time period?

Tue, 31 Mar 2009 23:01:06 GMT

Yes. The first healthcare provider visit must occur within 7 days of the beginning of the leave period, and both visits must occur within 30 days of the beginning of the leave period.

If I must take leave that qualifies both as military caregiver leave and leave under the Family and Medical Leave Act (“FMLA”) in order to care for a family member with a serious health condition, which kind of leave is it?

Tue, 31 Aug 2010 18:35:02 GMT

In this case, your employer must first designate your leave as military caregiver leave. This allows you a longer leave period, plus it eliminates some of the administrative paperwork that is typically required under the FMLA.

If I need to take leave under the revised Family and Medical Leave Act (“FMLA”) that is not foreseeable, do I still have to follow my employer's call-in rules for absences?

Tue, 31 Mar 2009 00:21:19 GMT

Yes. Unless extraordinary circumstances prevent you from doing so, you must call in or otherwise follow your employer’s usual procedures for reporting that you will be absent from work. If you do not follow your employer’s rules, your employer may deny your request for leave under the FMLA, and you might be subject to discipline by your employer for failing to follow the rules.

If I receive an invitational travel authorization (“ITA”) or order (“ITO”) to immediately fly overseas due to a catastrophic injury to a covered servicemember, do I have to obtain the military caregiver leave certification for my employer before leaving?

Tue, 31 Mar 2009 01:55:47 GMT

No. In this case, your employer must accept a copy of the ITA or ITO instead of the usual certification for the duration of the time period specified in the ITA or ITO. If your leave must extend beyond that time period, then you may have to provide your employer with certification.

If a complaint has been made about my company to the Wage and Hour Division (WHD) of the U.S. Department of Labor, will I know?

Sat, 12 Feb 2011 14:37:17 GMT

WHD cannot disclose who has made a complaint, the content of the complaint, or the fact that a complaint was even made. As a result, WHD typically will not tell you the reason for opening an investigation into your company.

If my doctor restricts me to “light duty” work for a period of time, does that time count against my 12 weeks of leave for a serious health condition under the revised Family and Medical Leave Act (“FMLA”)?

Tue, 31 Mar 2009 22:48:22 GMT

No. The revised FMLA is clear that any period during which an employee is restricted to light duty is not countable against his/her FMLA leave time.

Under the Workers Adjustment & Retraining Act (WARN) (a.k.a. Plant Closure Law), what must be in the notices to the Dislocated Worker?

Tue, 07 May 2013 21:40:56 GMT

All notices submitted to the State Dislocated Worker Unit and the chief official of the local government must be in writing and include the following:

What Administrative Body May Impose Remedies For A Violation Of The Civil Rights Act Of 1964?

Mon, 04 Jun 2007 20:51:22 GMT

The Equal Employment Opportunity Commission (EEOC) administers and enforces Title VII. The EEOC has the power to investigate, litigate and resolve unfair employment practices. The EEOC make take action in a federal district court for appropriate relief and preliminary relief pending disposition of a charge. The EEOC may also issue a notice of a right to sue to the charging party following administrative proceedings.

What Administrative Body May Impose Remedies For A Violation Of The Federal Family And Medical Leave Act (FMLA)?

Wed, 08 Sep 2010 21:14:22 GMT

The United States Secretary of Labor, through the Wage and Hour Division of the Employment Standards Administration, has administrative jurisdiction. The Department of Labor will review the merits of the complaint and attempt to negotiate and resolve the complaint administratively with the employer. If the Secretary of Labor is convinced that a violation has occurred, and in the event attempts to resolve the matter with the employer are not successful, the Secretary of Labor may file a law

What Does The Civil Rights Act Of 1964 (Title VII) Govern?

Mon, 04 Jun 2007 20:51:22 GMT

Title VII prohibits discrimination in employment including public accommodations, governmental services and education. An employer cannot fail or refuse to hire or refuse to promote, fire anybody or discriminate with respect to compensation, terms, conditions and privileges of employment based on race, color, sex, religion or national origin. An employer cannot limit, segregate or classify employees or applicants in any way that would deprive or tend to deprive employment opportunities or that a

What Does The Fair Labor Standards Act Govern?

Tue, 06 Nov 2007 20:16:13 GMT

The Fair Labor Standards Act (FLSA) sets minimum wage, overtime pay, equal pay, record keeping requirements and child labor standards.

What Is "Good Cause" for Being Terminated or Fired?

Fri, 13 Jun 2008 12:42:49 GMT

If there is an agreement that protects you from being fired without “good cause,” then before the employer terminates you, the employer must be able to show some legitimate reason for the termination. The most typical form of “good cause” is poor work performance or some sort of misconduct at work. For example, if an employee regularly does not perform their job requirements, then the employer probably has the right to terminate the employee with good cause. If howev

What Is Employment Discrimination?

Fri, 16 May 2008 16:18:42 GMT

Employment discrimination generally occurs when an employee is intentionally treated differently because of the employee’s race, color, religion, national origin, disability, gender, sexual orientation (this varies from state to state) or age by the employer in either the phases of hiring, discipline, performance of job duties or termination.

To prove unlawful discrimination, employees must be able to show that an action affecting employment was based on the fact that the emplo

What Is Sexual Harassment?

Tue, 29 May 2007 20:19:00 GMT

Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. Sexual harassment may occur when there are unwelcome sexual advances, request for sexual favors, and other unlawful verbal or physical conduct of a sexual nature. This is conduct that interferes with an individual`s work performance or creates an intimidating, hostile or offensive work environment.

What Notices Must Be Given Before An Employee Is Terminated Or Laid Off?

Tue, 06 Nov 2007 20:22:35 GMT

The FLSA has no requirement for notice to an employee prior to termination or lay-off. In some situations, the WARN Act provides for notice to workers prior to lay-off. Some states may have requirements for employee notification prior to termination or lay-off.

What does an investigation of an employer by the Wage and Hour Division (WHD) of the U.S. Department of Labor involve?

Thu, 17 Mar 2011 19:23:23 GMT

First, WHD investigators will determine whether an employer is subject to the federal laws that the WHD enforces. If the employer is subject to those laws, then the investigator will verify that workers are being employed and paid in accordance with the federal laws that the WHD enforces.

What happens if the Wage and Hour Division (“WHD”) of the U.S. Department of Labor finds that my business has violated a law that it enforces?

Tue, 31 Mar 2009 23:56:51 GMT

WHD will make every attempt to resolve violations that it found during its investigation by entering into an agreement with your business to correct the violations and pay back wages or overtime that is owed to employees. However, if settlement is unsuccessful, an employee may file suit against your business to recover wages, and/or the Secretary of Labor can file suit on behalf of employees for lost wages and other damages.

What happens in an investigation by the Wage and Hour Division (“WHD”) of the U.S. Department of Labor?

Tue, 31 Mar 2009 23:43:04 GMT

WHD typically begins by verifying that your business is in compliance with the Fair Labor Standards Act, which normally involves examining the business’s practices through current and former employee interviews, as well as through records regarding hours and wages. .

What is “qualifying exigency” leave under the National Defense Authorization Act (“NDAA”)?

Tue, 31 Mar 2009 00:54:45 GMT

Qualifying exigency leave refers to any “qualifying exigency” that arises out of the fact that a covered military member is on or has been called to active military duty. The new regulations list several different types of events that constitute a “qualifying exigency” when a covered military member is deployed, such as making alternative childcare arrangements, attending military functions, and/or making legal and financial arrangements for a covered military m

What is a “covered military member” for the purposes of the National Defense Authorization Act (“NDAA”)?

Tue, 31 Mar 2009 01:02:05 GMT

A covered military member, in terms of qualifying exigency leave, is the employee’s spouse, child, or parent who is on active duty or call to active duty status.

What is a chronic serious health condition under the revised Family and Medical Leave Act (“FMLA”)?

Mon, 30 Mar 2009 00:16:19 GMT

In order for an illness or health condition to count as a chronic serious health condition under the FMLA, the condition must require periodic treatment by a healthcare provider (at least twice per year), it must continue over an extended period of time, and it may cause episodic rather than continuing periods of incapacity.

What is a serious health condition under the revised Family and Medical Leave Act (FMLA)?

Wed, 16 Mar 2011 19:29:38 GMT

A serious health condition is an illness or other medical condition, which may be mental or physical, that requires either inpatient care or continuing treatment by a healthcare provider.

What is a covered service member for the purposes of military caregiver leave under the National Defense Authorization Act (NDAA)?

Wed, 09 May 2012 23:56:54 GMT

A covered service member is a member of the military, including the National Guard and Reserves, who is receiving medical treatment, is recuperating, and or is receiving therapy for a serious illness or injury that occurred while the service member was on active duty. Retired or permanently disabled service members are not covered service members for the purposes of the NDAA.

What is a serious illness or injury for the purposes of military caregiver leave under the National Defense Authorization Act (NDAA)?

Mon, 02 Apr 2012 16:44:20 GMT

A serious illness or injury is sustained by the covered service member in the line of duty while on active duty, which may make him or her medically unfit to perform his or her duties.

What is continuing treatment under the revised Family and Medical Leave Act (“FMLA”)?

Mon, 30 Mar 2009 00:27:13 GMT

Continuing treatment generally involves incapacity due to a medical condition for at least 3 days while being treated by a healthcare provider, or certain other types of incapacity, such as incapacity due to pregnancy and/or childbirth, incapacity due to multiple treatments for a health condition, or incapacity to undergo surgery. There are also timeframes within which treatment must occur in order for it to qualify as continuing treatment.

What is the National Defense Authorization Act (“NDAA”)?

Tue, 31 Mar 2009 00:51:26 GMT

The NDAA amends the Family and Medical Leave Act (“FMLA”) to include certain provisions for military families. Essentially, under the NDAA, military family members who work for FMLA-covered employers may be entitled to special leave under the FMLA, i.e. “qualifying exigency” and “military caregiver” leave.

What is active duty or call to active duty status for the purposes of the National Defense Authorization Act (NDAA)?

Thu, 14 Jul 2011 17:27:50 GMT

Active duty or call to active duty status refers to National Guard or Reserves members who have been ordered to active duty or who have been notified that they will be placed on active duty for a contingency operation. It does not refer to current active duty military members.

What is military caregiver leave under the National Defense Authorization Act (NDAA)?

Thu, 03 Mar 2011 17:10:15 GMT

The NDAA permits an eligible employee to take leave in order to care for a spouse, child, parent, or next of kin who is also a covered servicemember with a serious illness or injury.

What kind of lawyer do I need to sue my employer?

Mon, 29 Nov 2010 18:38:45 GMT

There are a variety of legal claims that you may have against your employer; the nature of your claim may determine the type of attorney that you may need in order to pursue your claim. Some labor and employment lawyers handle all different types of employment claims, whereas other labor and employment lawyers handle very specific types of employment claims. For instance, some lawyers might only handle wrongful termination cases, and others might specialize in sexual harassment

What laws does the Wage and Hour Division of the U.S. Department of Labor enforce?

Wed, 23 Feb 2011 19:00:38 GMT

The Wage and Hour Division enforces several federal laws, including the Family and Medical Leave Act, the Fair Labor Standards Act, and the Migrant and Seasonal Agricultural Worker Protection Act.

What sort of documentation do I have to give my employer if I want to take leave due to a “qualifying exigency” under the National Defense Authorization Act (“NDAA”)?

Tue, 31 Mar 2009 01:17:42 GMT

If you request to take leave due to a “qualifying exigency” under the NDAA, your employer may require you to provide a copy of the covered military member’s order to active duty or call to active duty status in support of a contingency operation, as well as his or her anticipated dates of service. Your employer may also require documentation of the “qualifying exigency”, which might include a statement of the necessity of your leave, as well as the dates a

What sort of notice are employers required to give employees about the revised Family and Medical Leave Act (“FMLA”)?

Mon, 30 Mar 2009 00:41:20 GMT

Employers must post general information about the FMLA in the workplace where employees will see it, as well as information about how to file a FMLA claim. Additionally, employers must place FMLA information in any employee handbooks or personnel manuals, and give the information to new employees when they are hired. Employers face up to a $110.00 fine if they fail to comply with these requirements.

When I want to return to work after taking leave under the revised Family and Medical Leave Act (FMLA), can my employer require that I provide a doctor's statement that I am able to return to work?

Wed, 09 Mar 2011 15:07:51 GMT

Yes. Your employer can require that you get documentation from your doctor that you are able to resume your regular duties at work, if the employer has a uniform policy that requires employees to provide such documentation after taking FMLA leave. If you don’t provide the documentation, then your employer may not let you return to work.

When Is Overtime Pay Due?

Tue, 06 Nov 2007 20:20:51 GMT

For covered, nonexempt employees, the FLSA requires overtime pay at a rate of not less than one and one-half times an employee's regular rate of pay after 40 hours of work in a workweek. Some exceptions to the 40 hours per week standard apply under special circumstances to police officers and fire fighters employed by public agencies and to employees of hospitals and nursing homes. Some states have also enacted overtime laws. Where an employee is subject to both the state and Federal overtime la

When Must Break And Meal Periods Be Given?

Mon, 12 May 2008 22:45:01 GMT

The FLSA does not require breaks or meal periods be given to workers. Some states may have requirements for breaks or meal periods. If you work in a state which does not require breaks or meal periods, these benefits are a matter of agreement between the employer and the employee (or the employee's representative).

Who should I contact if I think my employer has violated the National Defense Authorization Act (“NDAA”) and/or the Family and Medical Leave Act (“FMLA”)?

Sat, 26 Jun 2010 08:11:30 GMT

These federal laws are enforced by the Wage and Hour Division of the U.S. Department of Labor.

Whom Does The Labor Management Relations Act Cover?

Wed, 08 Sep 2010 18:56:07 GMT

Generally, the LMRA covers the private sector. Government agencies are excluded. Two exceptions are national banks and mail contractors. Because of this, states have established various labor laws for the public sector. The LMRA does not apply to independent contractors, because they are not considered employees. The LMRA also excludes supervisors and managerial employees under the definitions of the Act, as well as agricultural employees.

Whom does the Fair Labor Standards Act cover?

Tue, 07 May 2013 21:46:13 GMT

In order for the FLSA to apply there must be an employment relationship between an employer and an employee. An employee, as distinguished from a person who is engaged in a business of his or her own, is one who, as a matter of economic reality, follows the usual path of an employee and is dependent on the business which he or she serves. There are exemptions. Some employees are exempt from the overtime pay provisions, some from both the minimum wage and overtime pay provisions and some fr

Whom does the Fair Labor Standards Act govern?

Tue, 07 May 2013 21:45:53 GMT

The Fair Labor Standards Act (FLSA) sets minimum wage, overtime pay, equal pay, record keeping requirements and child labor standards. As of December 2000, workers covered by the FLSA are entitled to the minimum wage of $5.15 per hour and overtime pay at time and onehalf rate of pay after 40 hours of work in a workweek. States can set minimum wages higher for their state, but not lower. Various minimum wage exceptions apply under specific circumstances.

Will I receive any advance notice if my company is being investigated by the Wage and Hour Division (“WHD”) of the U.S. Department of Labor?

Tue, 31 Mar 2009 23:31:42 GMT

Maybe. Many times, an investigator will notify an employer that WHD is opening an investigation. Other times, because the investigator wants to observe normal business operations and develop facts quickly, WHD will not give an employer any advance notice of an investigation. In any case, WHD is not required to given an employer advance notice of an investigation.

Yes. The first healthcare provider visit must occur within 7 days of the beginning of the leave period, and you must have at least two visits with your healthcare provider for continuing or periodic treatment per year.

Tue, 31 Mar 2009 23:10:28 GMT

Under the revised FMLA, there is no distinction between paid vacation, personal, or sick leave time that you may be eligible for when you need to take FMLA leave. If you are entitled to take paid leave under your employer’s rules, then you can take paid leave concurrently with your FMLA leave time.

Free Employment Discrimination FAQs

Thu, 23 May 2013 02:05:05 GMT

Free Employment Discrimination FAQs

Free Equal Employment Opportunity Commission FAQs

Thu, 23 May 2013 02:05:05 GMT

Free Equal Employment Opportunity Commission FAQs

Free Family Medical Leave Act (FMLA) FAQs

Thu, 23 May 2013 02:05:05 GMT

Free Family Medical Leave Act (FMLA) FAQs

Free Labor Management Relations Act (LMRA) FAQs

Thu, 23 May 2013 02:05:05 GMT

Free Labor Management Relations Act (LMRA) FAQs

Free Occupational Safety & Health Act (OSHA) FAQs

Thu, 23 May 2013 02:05:05 GMT

Free Occupational Safety & Health Act (OSHA) FAQs

Free Sexual Harassment FAQs

Thu, 23 May 2013 02:05:05 GMT

Free Sexual Harassment FAQs

Free Unions FAQs

Thu, 23 May 2013 02:05:05 GMT

Free Unions FAQs

Free Wages FAQs

Thu, 23 May 2013 02:05:05 GMT

Free Wages FAQs

Free Wrongful Termination FAQs

Thu, 23 May 2013 02:05:05 GMT

Free Wrongful Termination FAQs

How much military caregiver leave can I take under the National Defense Authorization Act (“NDAA”)? | Labor & Employment Law Legal Resources

How much military caregiver leave can I take under the National Defense Authorization Act (“NDAA”)?

Am I entitled to leave due to both a “qualifying exigency” under the National Defense Authorization Act (“NDAA”) and a serious health condition under the Family and Medical Leave Act (“FMLA”)?

Are all employees entitled to take military family leave under the National Defense Authorization Act (“NDAA”)?

Can An Employer Use Arrest And Criminal Records To Reject A Job Applicant?

Can I Be Fired From Work For No Reason?

Can I be represented by an attorney during an investigation of my business by the Wage and Hour Division (WHD) of the U.S. Department of Labor?

Can I carry over unused military caregiver leave time from one year to the next under the National Defense Authorization Act (NDAA)?

Can I file a claim against my employer for invading my privacy?

Can I take leave due to a qualifying exigency under the National Defense Authorization Act (NDAA) after my covered military family member returns from active duty?

Can I take leave from my job under the revised Family Medical and Leave Act (“FMLA”) if I am pregnant or give birth to a child?

Can I take leave from my job under the revised Family and Medical Leave Act (“FMLA”) if I am sick?

Can I take leave under the revised Family and Medical Leave Act (“FMLA”) for hours that I am required to work overtime?

Can I use my computer at work for personal use?

Can I use my paid vacation or sick time as leave under the revised Family and Medical Leave Act (“FMLA”)?

Can a father take leave from his job under the revised Family and Medical Leave Act (“FMLA”) for the birth of his child?

Can my employer contact my doctor about my medical condition if I take leave under the revised Family and Medical Leave Act (“FMLA”)?

Can my employer deny me a perfect attendance award if my only absences are due to FMLA leave time?

Can my employer discipline me for my activities that took place outside work hours?

Can my employer discipline me for my comments posted on Facebook, MySpace, or my blog?

Can my employer force me to have a drug test?

Can my employer monitor my Internet usage at work?

Can my employer prohibit me from using my phone at work?

Can my employer read my email?

Can my employer request my medical records or history?

Can my employer use cameras or video surveillance to watch me while at work?

Can the Wage and Hour Division (“WHD”) of the U.S. Department of Labor investigate my business if no complaint has been made?

Do I have to give my employer documentation of my eligibility to take leave under the revised Family and Medical Leave Act (FMLA)?

Do I have to provide any documentation to my employer if I need to take military caregiver leave under the National Defense Authorization Act (“NDAA”)?

Do I have to tell my employer about drugs that my doctor prescribes for me?

Do all employers have to permit military family leave under the National Defense Authorization Act (“NDAA”)?

Do missed work periods due to my National Guard duty count against my eligibility under the revised Family and Medical Leave Act (FMLA)?

Do the military family leave provisions of the National Defense Authorization Act (“NDAA”) require that employers provide paid leave?

Does My Employer Have To Give Me Notice Before I Can Be Fired Or Laid Off?

Does a “covered military member” for the purposes of the National Defense Authorization Act (“NDAA”) include my child who is over 18 years of age, or my stepchild?

Does a court or the U.S. Department of Labor have to approve any settlement between my employer and I for a violation of the revised Family and Medical Leave Act (“FMLA”)?

Does my employer have to keep information that I tell him or her confidential?

How Is Severance Calculated And When Is It Due?

How Is Vacation Pay, Sick Pay, And Holiday Pay Computed And When Is Such Pay Due?

How Many Hours Is Full-Time Employment? How Many Hours Is Part-Time Employment?

How do I know if my medical certification is good enough to take leave under the revised Family and Medical Leave Act (“FMLA”)?

How do I receive the results of an investigation of my business by the Wage and Hour Division (“WHD”) of the U.S. Department of Labor?

How long do I need to be employed in order to qualify for leave under the revised Family and Medical Leave Act (“FMLA”)?

How much information do I have to give my employer about my reason for taking leave under the revised Family and Medical Leave Act (“FMLA”)?

How much leave can I take due to a qualifying exigency under the National Defense Authorization Act (NDAA)?

How much notice do I have to give my employer if I intend to take leave under the revised Family and Medical Leave Act (FMLA)?

How much notice do I have to give my employer if I need to take military caregiver leave under the National Defense Authorization Act (“NDAA”)?

How much notice do I need to give my employer if I need to take leave due to a “qualifying exigency” as provided in the National Defense Authorization Act (“NDAA”)?

How often can my employer ask for medical certification for my leave under the revised Family and Medical Leave Act (“FMLA”)?

How quickly does my employer have to let me know if I am eligible to take leave under the revised Family and Medical Leave Act (FMLA)?

If I am taking more than 3 days of leave for a serious health condition for which I am receiving continuing treatment under the revised Family and Medical Leave Act (“FMLA”), are there any timing restrictions on visits to my healthcare provider for treatment?

If I am taking more than 3 days of leave for a serious health condition under the revised Family and Medical Leave Act (“FMLA”), are there any timing restrictions on the two required healthcare provider visits during that time period?

If I must take leave that qualifies both as military caregiver leave and leave under the Family and Medical Leave Act (“FMLA”) in order to care for a family member with a serious health condition, which kind of leave is it?

If I need to take leave under the revised Family and Medical Leave Act (“FMLA”) that is not foreseeable, do I still have to follow my employer's call-in rules for absences?

If I receive an invitational travel authorization (“ITA”) or order (“ITO”) to immediately fly overseas due to a catastrophic injury to a covered servicemember, do I have to obtain the military caregiver leave certification for my employer before leaving?

If a complaint has been made about my company to the Wage and Hour Division (WHD) of the U.S. Department of Labor, will I know?

If my doctor restricts me to “light duty” work for a period of time, does that time count against my 12 weeks of leave for a serious health condition under the revised Family and Medical Leave Act (“FMLA”)?

Under the Workers Adjustment & Retraining Act (WARN) (a.k.a. Plant Closure Law), what must be in the notices to the Dislocated Worker?

What Administrative Body May Impose Remedies For A Violation Of The Civil Rights Act Of 1964?

What Administrative Body May Impose Remedies For A Violation Of The Federal Family And Medical Leave Act (FMLA)?

What Does The Civil Rights Act Of 1964 (Title VII) Govern?

What Does The Fair Labor Standards Act Govern?

What Is "Good Cause" for Being Terminated or Fired?

What Is Employment Discrimination?

What Is Sexual Harassment?

What Notices Must Be Given Before An Employee Is Terminated Or Laid Off?

What does an investigation of an employer by the Wage and Hour Division (WHD) of the U.S. Department of Labor involve?

What happens if the Wage and Hour Division (“WHD”) of the U.S. Department of Labor finds that my business has violated a law that it enforces?

What happens in an investigation by the Wage and Hour Division (“WHD”) of the U.S. Department of Labor?

What is “qualifying exigency” leave under the National Defense Authorization Act (“NDAA”)?

What is a “covered military member” for the purposes of the National Defense Authorization Act (“NDAA”)?

What is a chronic serious health condition under the revised Family and Medical Leave Act (“FMLA”)?

What is a serious health condition under the revised Family and Medical Leave Act (FMLA)?

What is a covered service member for the purposes of military caregiver leave under the National Defense Authorization Act (NDAA)?

What is a serious illness or injury for the purposes of military caregiver leave under the National Defense Authorization Act (NDAA)?

What is continuing treatment under the revised Family and Medical Leave Act (“FMLA”)?

What is the National Defense Authorization Act (“NDAA”)?

What is active duty or call to active duty status for the purposes of the National Defense Authorization Act (NDAA)?

What is military caregiver leave under the National Defense Authorization Act (NDAA)?

What kind of lawyer do I need to sue my employer?

Can I be represented by an attorney during an investigation of my business by the Wage and Hour Division (WHD) of the U.S. Department of Labor?

Can I carry over unused military caregiver leave time from one year to the next under the National Defense Authorization Act (NDAA)?

Can I take leave due to a qualifying exigency under the National Defense Authorization Act (NDAA) after my covered military family member returns from active duty?

Do I have to give my employer documentation of my eligibility to take leave under the revised Family and Medical Leave Act (FMLA)?

Do missed work periods due to my National Guard duty count against my eligibility under the revised Family and Medical Leave Act (FMLA)?

How much leave can I take due to a qualifying exigency under the National Defense Authorization Act (NDAA)?

How much notice do I have to give my employer if I intend to take leave under the revised Family and Medical Leave Act (FMLA)?

How quickly does my employer have to let me know if I am eligible to take leave under the revised Family and Medical Leave Act (FMLA)?

If a complaint has been made about my company to the Wage and Hour Division (WHD) of the U.S. Department of Labor, will I know?

What does an investigation of an employer by the Wage and Hour Division (WHD) of the U.S. Department of Labor involve?

What is a serious health condition under the revised Family and Medical Leave Act (FMLA)?

What is a covered service member for the purposes of military caregiver leave under the National Defense Authorization Act (NDAA)?

What is a serious illness or injury for the purposes of military caregiver leave under the National Defense Authorization Act (NDAA)?

What is active duty or call to active duty status for the purposes of the National Defense Authorization Act (NDAA)?

What is military caregiver leave under the National Defense Authorization Act (NDAA)?

When I want to return to work after taking leave under the revised Family and Medical Leave Act (FMLA), can my employer require that I provide a doctor's statement that I am able to return to work?