A new Labor Department rule expanding job protections for same-sex spouses was set to take effect on March 27, but a federal judge has blocked the rule's implementation. Specifically, the change would extend Family and Medical Leave Act protections to employees in same-sex marriages, regardless of whether they live in a state that doesn't recognize same-sex marriage.
Sometimes cases with interesting facts can lead courts to make decisions we might not necessarily expect at first glance, and the 7th Circuit Court of Appeals may have recently done just that. The primary issue in Gienapp v. Harbor Crest involved a box, on a form, left unfilled by the plaintiff. But the most noteworthy holding from the 7th Circuit decision has nothing at all to do with that empty box. Instead, it has to do with a grandparent's rights under the Family and Medical Leave Act to care for their grandchildren when that child's parent is ill.
To be eligible for benefits under the Family and Medical Leave Act, you have to meet the following requirements:
U.S. employment law has many protections for employees in the workplace. These laws aim to protect an employee from unfair discrimination and unjust treatment, as well as provide some important job-related benefits in the event of a family or medical emergency. The Family Medical Leave Act (FMLA) is one of the laws that has significant importance to a great number of employees throughout New York and the United States. As legal definitions of family relationships continue to change, the reach of the FMLA may soon be extended.
Although the system is far from perfect, eligible New York employees are protected by the Family and Medical Leave Act of 1993 when they need to take time off for medical conditions or emergencies. Unfortunately, unlike 178 countries around the world that give employees at least some paid leave, the United States does not. This leaves many workers having to choose between caring for a sick child, for example, and paying the bills. What's worse, sometimes employers unlawfully deny the requests of employees for unpaid time off under FMLA.