Mark Diana

Mark Diana

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

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Latest Posts › FMLA


FMLA Policy In Handbook Does Not Satisfy Individualized Notice Requirements Of FMLA, New Jersey District Court Holds

The Family and Medical Leave Act (FMLA) requires that employers provide both general notice to their employees of their rights under the FMLA and individualized notice to employees requesting or inquiring about leave. In...more

4/8/2013 - FMLA Notice Requirements

Denial Of Access To Donated Sick Leave Program Is Not A Failure To Accommodate, New Jersey Appellate Division Holds

In Queen v. City of Bridgeton, the Appellate Division held that an employer with no legal duty to provide paid leave does not violate the New Jersey Law Against Discrimination (NJLAD) for denying an employee’s request for the...more

12/14/2012 - Disability FMLA Medical Leave Paid Leave Reasonable Accommodation Unpaid Leave

FMLA Does Not Prohibit Termination Of Employee Who Abuses Leave Or Engages In Misconduct During Leave, Third Circuit Holds

In Warwas v. City of Plainfield, No. 11-1736, 2012 U.S. App. LEXIS 15324, (3rd Cir. July 25, 2012), an employee terminated while on FMLA leave sued for interference with her FMLA rights. The employer asserted it terminated...more

8/16/2012 - FMLA FMLA Abuse Hiring & Firing Termination

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