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FMLA Leave May Be Used For Attending IEP Meetings

The U.S. Department of Labor (“DOL”) issued the opinion letter of WHD Opinion Letter FMLA2019-2-A, (Aug. 8, 2019) (which can be read by clicking here), opining that employers must allow eligible employees to take intermittent leave under the Family and Medical Leave Act (“FMLA”) for the purpose of attending Individualized Education Plan (“IEP”) meetings for […]

The Ohio Ethics Commission – The Voice of Ethics – 2019 Quarter 3

The Ohio Ethics Commission just published its newest newsletter, “The Voice of Ethics,” which can be viewed here. Past newsletters from the Ohio Ethics Commission can be viewed here. McGown & Markling is often asked to opine on various ethics issues, but the best ethics advice comes straight from the Ohio Ethics Commission itself. To […]

School Employees May Be Disciplined for Misconduct While On Leave

In the case of Pilato v. Nordonia Hills City Schools Bd. of Edn., 2019-Ohio-3085, an Ohio appeals court held that a school district and its business manager were not liable for disability discrimination and retaliation after an employee resigned following a dispute over the employee’s misconduct while the employee was on approved leave. In this […]

Redacted Checks Satisfy Public Records Request

In the case Ebersole v. City of Powell, 2019-Ohio-3073, an Ohio appellate court held that producing checks with redacted banking account information satisfies the requirements of the Ohio Public Records Act. In this case, the City of Powell produced copies of checks paid as part of a litigation settlement pursuant to a public records request. […]

Words Matter – An Exclusion Clause May Not Bar All Arbitrations

In the case of Toledo Fedn. of Teachers v. Bd. of Edn. of the Toledo City School Dist., 2019-Ohio-3025, an Ohio appellate court held that an exclusion clause that merely requires prospective application of arbitration decisions to similar, not-yet-filed grievances did not, by its plain language, bar arbitration of a pending grievance. In this case, […]