Family Medical Leave Act Retaliation

The Family Medical Leave Act is a United States federal statute enacted in 1993 to protect employees from negative employment consequences associated with family illness. The FMLA allows covered employees to take... more +
The Family Medical Leave Act is a United States federal statute enacted in 1993 to protect employees from negative employment consequences associated with family illness. The FMLA allows covered employees to take up to twelve weeks of unpaid, job-protected leave, in order to care for a qualified family member or address a personal medical issue.   Situations covered under the Act include: birth of a child and care of a newborn; placement of an adopted or foster child; serious illness of an employee's spouse, child or parent;  serious illness of the employee that affects ability to perform his/her job; situations arising out of an employee's spouse, child or parent's active military service. Employees who take leave to care for a seriously injured family servicemember are eligible for longer periods of covered leave.  less -
News & Analysis as of

2015 Employment Law Issues Tournament: First Round Results and Recaps

This past weekend, while college basketball teams across America finished up their conference tournaments, 64 employment law issues played in the first round of our tournament, and boy did it live up to the hype. Filled with...more

Employer's Lack of FMLA Compliance in Handling FMLA Leave Request is a Lesson for the Rest of Us

Want a glimpse into a world where an employer fails to maintain a legally compliant leave management process?  Let me warn you — what you are about to read is not pretty and not for the faint of heart....more

In The Eleventh Circut, Employers Can Terminate “Protected” Employees For Poor Performance And Violation Of Company Policy

On December 4, 2014, the U.S. Court of Appeals for the Eleventh Circuit upheld summary judgment in favor of an employer against a pregnant employee who had requested FMLA, who was told by her direct supervisor “that [her]...more

5 Legal Traps For The Wariest Employer

You’re an employer who tries to do the right thing. But what hidden traps are out there, waiting to grab your ankle and yank you into a lawsuit? Here are a few that cause trouble for even the best employers...more

Third Circuit Decision Will Make It More Difficult for Employers to Defeat FMLA Interference and Retaliation Claims

Recently, the U.S. Court of Appeals for the Third Circuit issued a decision that raises the bar for employers seeking summary judgment on claims raised under the Family and Medical Leave Act (FMLA) for interference with...more

EEOC Roundup: June 2014

Employment is heavily regulated in the U.S., where it is illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or...more

California Family Rights Act Interference Claims Proceed

Moore v. Century Gaming Management, Inc., No. B249978 (June 4, 2014): The California Court of Appeal recently ruled in an employee’s favor in a suit in which she claimed that her employer interfered with her rights under the...more

5 Key Employment Law Challenges for In-House Counsel

5 employment law challenges that in-house counsel will face in the coming year and how to get out ahead of them....more

Does an Employer Have an Obligation to Provide Accommodations to Pregnant Employees? Don't Follow This Employer's Lead

Ena Wages served as a property manager for one of several apartment complexes owned by Stuart Management Corp. She began her employment on November 17, 2008, and this is significant under the FMLA because nearly one year...more

Court: Regular Attendance Is an Essential Job Function

Americans with Disabilities Act (ADA) compliance can be challenging, as employers attempt to decipher whether a specific situation falls under the definitions of the law, such as when they must provide accommodations to an...more

ERISA Retaliation Claims: Avoiding Potential Employer Pitfalls

Most employers and human resources professionals are well aware of the various federal discrimination statutes, including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Age...more

Don't let medical absences cloud your judgment

In late January, the Tenth Circuit Court of Appeals issued a decision in Smothers v. Solvay Chemicals Inc. (No. 12-8013, 10th Cir. Jan. 22, 2014) that emphasized the importance of conducting a proper investigation and...more

Last Call! Third Circuit Court Of Appeals Rules That Employer Can Terminate Employee For Violating Strict No Alcohol Return To...

The Third Circuit Court of Appeals recently issued a decision holding that an employer's termination of an employee for violating a very broad and restrictive return to work agreement (RWA), which prohibited the employee from...more

2014 Labor And Employment Law Checklist

Each year, LP’s Labor & Employment Practice Group is pleased to provide a short checklist of steps that all companies should consider taking to measure their readiness for the coming year. We hope that you find this 2014...more

FMLA FAQ: Can Excess Trips To The Potty Be Counted As FMLA Leave?

Q: One of our employees drinks a lot of water at work and goes to the bathroom continuously throughout the day. As a result, she uses far more than her normal breaks allow. ...more

FMLA: Discipline Unrelated to Leave Is Not Retaliatory

The New Hampshire Federal Court issued a recent decision affirming that an employer may take disciplinary action against an employee who has taken FMLA leave, provided the information is accurate and unrelated to the leave. ...more

Employee With Crying Spells After Daughter's Sexual Assault Has Viable FMLA Claim

Kris was forced to endure the unthinkable: her daughter had just become the victim of a sexual assault. In the weeks that followed, Kris alerted her employer of the assault and the care her daughter would require in...more

Another Pro-Employee Fifth Circuit Decision: Employee’s FMLA Claim Survives Summary Judgment

In another pro-employee decision, like its ruling in the Feist case that I analyzed last week, the Fifth Circuit overturned another district court’s grant of summary judgment that dismissed the plaintiff-employee’s FMLA...more

Employers Should Be Aware Of The Risks Of Unexpected FMLA Liability

Executive Summary: While most companies are aware of the liability they may face if they violate the FMLA, a recent decision from the Eleventh Circuit serves as a reminder of just how important it is for employers to train...more

Can Employer Who Has Granted Employee's FMLA Request Dispute Employee's FMLA Eligibility?

An employee sends an email to her manager requesting FMLA leave to care for her father "while he deals with issues surrounding his terminally ill brother." The supervisor writes back, "Approved," and the employee takes...more

New Jersey Requires Leave for Victims of Domestic Violence or Sexual Assault

Beginning on October 1, 2013, the New Jersey Security and Financial Employment Act (“NJ SAFE Act”) will require public and private employers in New Jersey with 25 or more employees to provide up to 20 days of unpaid leave,...more

Cop Moved Off Her Beat and Onto FMLA Leave

A police officer in a small town asked for light duty after she hurt her foot off duty. The chief refused because there was no light duty available, the force had only provided it in the past to officers with work related...more

Forced Leave – No Violation

An employer thought one particular employee was obviously unwell. The employer placed her on FMLA leave and required her to get certification of fitness to return to work. The first doctor released her to work. A second...more

Top Ten Policies Every Employee Handbook Should Have

An Employee Handbook is a critical communication tool that sets forth corporate goals, policies and objectives as well as the expectations demanded of employees....more

A Summary of the U.S. Supreme Court Decisions This Week Which Will Affect Employers

Windsor v. United States - Issue: Can the federal government define marriage? Holding: No. Loser: The federal Defense of Marriage Act (DOMA), which was passed in 1996 and signed by President Clinton, was...more

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