Maria Greco Danaher on FMLA

Facebook Postings Showing Misuse of FMLA Leave Can Form Sufficient Legal Basis of Termination

Based on the number of social media decisions from the National Labor Relations Board over the past two years, most employers understand that when employee Facebook postings constitute “protected activity” under the National...more

3/26/2013 - Facebook FMLA Hiring & Firing Medical Leave NLRA NLRB Protected Concerted Activity Social Media Termination

Employer Has No Obligation to Provide “Light Duty” Assignment Under FMLA or ADA

Employers often assign light duty to employees who are returning to work after recuperating from illnesses or injuries. The Seventh Circuit Court of Appeals has held, however, that neither the Family and Medical Leave Act...more

3/12/2013 - ADA Disability Discrimination Discrimination Essential Functions FMLA Light-Duty Positions Reasonable Accommodation

Assignment to a Lesser Position Upon Return From Leave May Support FMLA Interference Claim

The Eleventh Circuit Court of Appeals reversed summary judgment in favor of an employer, holding that a plaintiff’s testimony and evidence related to her transfer to a position of less responsibility upon return from leave...more

1/3/2013 - Burden of Proof Evidence FMLA Genuine Issue of Material Fact Hiring & Firing Medical Leave Retaliation Summary Judgment Termination

Temporal Proximity Between FMLA Leave and Firing Does Not Always Lead to Successful Legal Claim

The Family and Medical Leave Act (FMLA) continues to create administrative challenges for employers. One particular issue of concern is the discipline and/or termination of an employee who has requested or is on FMLA leave....more

12/11/2012 - FMLA Hiring & Firing Performance Reviews Retaliation ScriptPro Termination

Employee’s Signs of Severe Emotional Distress and Anxiety May Constitute a “Report” of the Need for FMLA Leave

To state a claim of interference under the Family and Medical Leave Act (FMLA), an employee must show that his or her employer denied benefits to which the employee was entitled under the FMLA. For example, an employee might...more

11/20/2012 - Appeals FMLA Hiring & Firing Interference Claims Mental Health Summary Judgment Termination

FMLA Does Not Prohibit Termination Of Employee Who Abuses Leave

The FMLA permits eligible employees to take up to 12 workweeks of leave during a 12-month period if a “serious health condition . . . makes the employee unable to perform the functions of [his or her] position.” Employers are...more

8/6/2012 - FMLA FMLA Abuse Hiring & Firing

Employer’s Mistaken Allowance Of FMLA Leave Can Create Liability For Retaliation

In order to be granted a leave of absence under the Family and Medical Leave Act (FMLA), an employee first must fulfill certain eligibility requirements, including having worked for the employer for at least 12 months, and...more

7/16/2012 - Eligibility FMLA Mistake Retaliation Termination

Visit to doctor for prescription refill is not “treatment” for purposes of FMLA

The Family and Medical Leave Act (FMLA) provides unpaid leave time to eligible employees under specific circumstances, including the serious health condition of the employee. It is a violation of the FMLA for an employer to...more

7/9/2012 - DOL Eligibility FMLA Termination

DOL Publishes Its “Plain Language” Explanation And Guidebook For The FMLA

The Family and Medical Leave Act (FMLA) entitles eligible employees to twelve weeks of unpaid leave each year for certain medical issues for themselves or immediate family members. Employers are prohibited from...more

7/2/2012 - Discrimination DOL Eligibility FMLA FMLA Guidebook Retaliation

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Maria Greco Danaher

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

Latest Posts › FMLA