Employee Not Entitled To FMLA Leave On The Basis Of Serious Health Condition

Source:  Ceridian ABSTRACTS Newsletter


Affirming the trial court's grant of summary judgment for the defendant employer, the Seventh Circuit held that an employee did not receive "treatment" for his leg and back pain and bouts of anxiety during his morning absence from work. Thus, the employee was not entitled to Family and Medical Leave Act ("FMLA") leave for his morning absence on the basis of a serious health condition that prevented him from performing his duties as a machine operator. The employee visited his physician's clinic to ensure his referral to another lab was in order and spoke briefly with his physician in the lobby to obtain a prescription-refill note, but the employee was never physically examined by his physician.


Jones v. C & D Technologies, Inc.
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The Seventh Circuit Court of Appeals' jurisdiction includes Illinois, Indiana and Wisconsin.

This information is intended to be educational and should not be considered legal advice on any specific matter.

US Labor Department, Louisiana Workforce Commission sign agreement to reduce misclassification of employees as independent contractors

From the Wage and Hour Division News Release -

U.S. Department of Labor's Wage and Hour Division, and Louisiana Workforce Commission signed a memorandum of understanding Feb. 23 regarding the improper classification of employees as independent contractors. This partnership is the 13th of its kind for the U.S. Department of Labor.

"This memorandum of understanding helps us send a message: We're standing united to end the practice of misclassifying employees," said Leppink. "This is an important step toward making sure that the American dream is still available for employees and responsible employers alike."

"Initiatives like this are critical in leveling the playing field for businesses that play by the rules," Eysink said. "They're also vital for ensuring that eligible, hardworking men and women get the coverage and benefits they earn if they are injured on the job or lose their jobs through no fault of their own."

Memorandums of understanding with state government agencies arose as part of the U.S. Department of Labor's Misclassification Initiative, which was launched under the auspices of Vice President Biden's Middle Class Task Force with the goal of preventing, detecting and remedying employee misclassification. California, Colorado, Connecticut, Hawaii, Illinois, Maryland, Massachusetts, Minnesota, Missouri, Montana, Utah and Washington have signed similar agreements. More information is available on the U.S. Department of Labor's misclassification Web page at http://www.dol.gov/misclassification.

Read the full news release here

This information is intended to be educational and should not be considered legal advice on any specific matter.