FLMA leave

Outlier Federal Court Decision on FMLA Designation is Troubling, But Not Binding on New Hampshire Employers

Over 20 years have passed since the enactment of the Family and Medical Leave Act (FMLA). Over this time period, federal courts have issued numerous decisions which interpret and explain what Congress intended when the law was enacted and how the federal Department of Labor (DOL) regulations promulgated under the statute should be applied. At this point, employers should feel confident that the basic framework of the law is no longer in dispute. And then along comes the Ninth Circuit Court of Appeals decision in in Escriba v.