Leave Law
Labor and Employment | ComplianceWe advise employers on compliance with FMLA, ADA, state leave laws, and company leave policies, helping navigate the complex intersection of leave entitlements and attendance management.
Overview
Navigating Complex Leave Requirements
Leave administration involves overlapping federal, state, and local requirements. MC Law's Leave Law practice helps employers manage leave compliance while maintaining productive workplaces.
FMLA Compliance
The Family and Medical Leave Act creates significant obligations. We advise on eligibility determinations, serious health condition certification, intermittent leave management, and reinstatement requirements. We help employers develop FMLA policies and train administrators.
ADA Interaction Leave may constitute reasonable accommodation under the ADA. We address the interaction between FMLA and ADA, helping employers manage extended leave requests, return-to-work issues, and accommodation obligations. State and Local Leave Laws Many states and localities have expanded leave requirements. We advise on compliance with state family leave laws, paid sick leave requirements, and other state-specific obligations. We help multi-state employers manage varying requirements. Leave Policies Effective policies balance legal compliance with operational needs. We draft and review leave policies addressing vacation, sick leave, personal leave, and other time-off entitlements. We ensure policies comply with applicable requirements. Leave Administration Day-to-day leave management creates challenges. We advise on certification requirements, designation decisions, intermittent leave tracking, and abuse prevention. We train leave administrators on compliance requirements. Leave-Related Claims Leave issues generate litigation. We defend FMLA interference and retaliation claims, address leave-related disability claims, and handle disputes arising from leave administration.Our Services
labor_and_employment
Federal registration and validity opinions
discrimination
Federal registration and validity opinions
retaliation
Federal registration and validity opinions
policies_and_procedures
Federal registration and validity opinions
Licensing & Transactions
Negotiate and draft license agreements
DMCA Services
Takedown notices and counter-notices
Enforcement
Cease and desist through litigation
Fair Use Analysis
Evaluate fair use defenses and risks
Music & Entertainment
Industry-specific copyright matters
Frequently Asked Questions
The Family and Medical Leave Act provides eligible employees up to 12 weeks of unpaid, job-protected leave per year for qualifying family and medical reasons. It applies to employers with 50 or more employees and employees who have worked at least 12 months and 1,250 hours.
Many states provide broader leave protections than FMLA, including lower employer size thresholds, expanded qualifying reasons, paid leave requirements, and longer leave durations. Employers must comply with both federal and state requirements, applying whichever is more favorable to the employee.
The ADA requires reasonable accommodations for disabilities that may include modified schedules or leave as an accommodation. FMLA provides leave for serious health conditions. Both laws may apply simultaneously, and employers must analyze obligations under each.
FMLA permits intermittent leave when medically necessary. Employers can require medical certification, track leave usage, and temporarily transfer employees to equivalent positions that better accommodate intermittent schedules, but cannot deny qualifying leave.
There is no federal paid sick leave mandate, but many states and localities require paid sick leave with varying accrual rates, caps, and usage rules. Employers must comply with all applicable laws and should track obligations across all locations where employees work.
Fair use is a defense that permits limited use of copyrighted material without permission. Courts consider four factors: the purpose and character of use (commercial vs. educational, transformative vs. copying), the nature of the copyrighted work, the amount used, and the effect on the market. Fair use is highly fact-specific.
For works created today by individual authors, copyright lasts for the life of the author plus 70 years. Works made for hire and anonymous/pseudonymous works are protected for 95 years from publication or 120 years from creation, whichever is shorter. Older works may have different terms.
Yes, software code is protected by copyright as a literary work. Both source code and object code can be registered. However, copyright protects the expression of ideas, not the underlying functionality—patent protection may be more appropriate for novel methods and processes implemented in software.
Our virtual legal services offer streamlined, cost-effective solutions for common copyright needs. Services like copyright registration, assignment agreements, and DMCA takedowns are available online with fixed, transparent pricing. You get the quality of a top IP firm with the convenience of digital delivery.
Related Matters
Represented streaming platform in landmark DMCA safe harbor case. Successfully defended client's safe harbor status while obtaining injunctive relief against repeat infringers, resulting in dismissal of $500M damages claim.
Prosecuted copyright infringement claims on behalf of professional photographers whose work was used without authorization. Secured significant damages award and implementation of improved licensing procedures.
Enforced copyright and trade dress rights in mobile game against clone applications. Obtained preliminary injunction and permanent removal of infringing apps from major app stores worldwide.
Cutting-edge case addressing use of copyrighted music in AI training datasets. Negotiated comprehensive licensing framework that allows continued AI development while protecting rightsholders' interests.
Prosecuted claims against former executive who copied proprietary source code to competitor. Established ownership under work-for-hire doctrine and obtained injunction plus damages for willful infringement.
Represented academic publisher in enforcement action against site hosting pirated textbooks. Implemented systematic takedown program and pursued contributory infringement claims against operators.
Get in Touch
Connect with our copyright team to discuss your matter
Practice Contacts
Michael Roberts
Sarah Kim
