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

Social Media and the FMLA

Imagine for a moment: you are the administrator for a skilled nursing facility and your activities director has just informed you of a need to take FMLA leave for shoulder surgery. You grant the FMLA request and your...more

Employment Law Navigator – Week in Review: August 2016

Contrary to the EEOC’s position that sexual orientation discrimination is protected by Title VII’s prohibition on gender discrimination, the Seventh Circuit Court of Appeals held last week that existing law does not support...more

Second Circuit Holds HR Professionals Can Be Liable as ‘Employers’ Under FMLA

The Second Circuit Court of Appeals has recently held that a human resources manager could be held liable as an employer under the Family and Medical Leave Act (FMLA). In issuing its decision in Graziadio v. Culinary...more

New York Appeals Court Imposes Individual Employee Liability for Interfering with FMLA Leave and Retaliation

On March 17, 2016, the federal Court of Appeals in New York held for the first time as Second Circuit law that a human resources director and other managers can be liable for personally violating another employee’s rights...more

Employment Law Letter - Spring 2016

Will Smoking Pot on the Job Get You Fired? You’d think that would be a slam dunk question, but if you’re a state employee whose union is willing to take your case to an arbitrator, apparently it isn’t. Back in 2012,...more

The Individual Liability You Never Knew You Had: Second Circuit Rules HR Directors May Be Liable for FMLA Violations

HR Directors, Beware: Your role in terminating employees may expose you to individual liability under the Family and Medical Leave Act (FMLA). In Graziadio v. Culinary Institute of America, et al., Graziadio, a Payroll...more

Labor and Employment Group News: Human Resources Director Can Be Held Personally Liable Under FMLA

On March 17, 2016, the Second Circuit Court of Appeals ruled that a Human Resources Director can be held personally liable, under a broad reading of what constitutes "an employer" under the FMLA. Graziadio v. Culinary...more

Second Circuit Court Holds HR Director is Individually the “Employer”

In an opinion last week, the Second Circuit ruled that a company’s human resources (HR) director could be held individually liable for Family and Medical Leave Act violations. The Court said that the HR director had...more

Busted [Bracket]: Facebook Posts From Employee’s Vacation Undermine FMLA Claims

Ah, the tell-tale signs of March are here. The winter is starting to dissipate in the northern climes, we’ve set the clocks forward, and Syracuse is bound for another Final Four run. Unfortunately, most teams won’t be so...more

CAS Legal Mailbag Question of the Week – March 2016 #3

Dear Legal Mailbag: Teacher attendance is a problem in my school. To be sure, most of the teachers are committed professionals whose attendance is admirable. However, a few of my teachers are out a lot, sometimes calling...more

Supreme Judicial Court Reinstates Jury Verdict for Former Employee on FMLA Retaliation Claim

Last week’s Massachusetts Supreme Judicial Court (SJC) decision in Esler v. Sylvia-Reardon serves as an important reminder of the potential scope of employees’ rights under the federal Family and Medical Leave Act (FMLA)....more

Firing someone returning from leave

Taking action against an employee after they return from a Family and Medical Leave Act absence can expose an employer to claims of FMLA retaliation. But sometimes it takes an employee’s absence to learn about that employee’s...more

Employment Law Navigator – Week in Review: February 2016 #4

Last week, the Equal Employment Opportunity Commission published its nationwide procedures for respondent position statements and responses. The procedures described are designed to create consistency across the EEOC’s 53...more

Eye-Popping Verdict For “The Little Guy” Against Wal-Mart

Last week, a federal jury (after only 3 hours of deliberation) awarded a Walmart female pharmacist... wait for it... $31 MILLION! Maureen McPadden, a 13-year Wal-Mart pharmacist, brought an action alleging retaliatory...more

Managing FMLA Fraud: Avoid Negative Commentary

This last post in our three-part series on managing FMLA fraud is about how negative commentary – including emails with smiley face emoticons – can subvert an effort to show that a termination decision was based on an honest...more

Managing FMLA Fraud: Using Your Policy To Your Advantage

This post is the first in a three-part series of posts on managing FMLA fraud with tips from recent cases. In Alexander v. Bd. of Educ. of City Sch. Dist., No. 14 Civ. 8553, 2015 WL 2330126 (S.D.N.Y. May 14, 2015), for...more

Labor and Employment Group News: Retaliation Claims Difficult to Defend

A recent judgment in the United States District Court in Connecticut of over Five Hundred Thousand Dollars ($502,402.05) illustrates the difficulties involved in defending retaliation claims. Summerlin v. Almost Family, Inc.,...more

Texas Supreme Court Vindicates Employer That Uniformly Enforced its Leave Policy

On December 4, 2015, the Texas Supreme Court vacated a jury verdict in favor of a former employee who had alleged workers’ compensation retaliation, rendering judgment in favor of the employer and finding that the employee...more

Employees Using FMLA Leave Must Abide by Employer's Absence Notification System

Intermittent leave continues to pose some of the most vexing Family and Medical Leave Act problems for employers. Employees eligible for intermittent FMLA leave frequently miss work without advance notice, leaving the...more

Seventh Circuit Backs Employer on Running of FMLA Statute of Limitations

Family and Medical Leave Act contains a two-year statute of limitations for claims of interference with or retaliation against protected employee activity. Last month, the Seventh Circuit Court of Appeals faced questions over...more

The Sixth Circuit: “Honest Belief” of FMLA Misuse May Not Be Enough to Defeat FMLA Interference Claims

Eddie Employee is an hourly employee of Company, Inc. Eddie notifies Sally Supervisor that he will undergo surgery, and will need continuous medical leave to recover. While out on leave, Eddie’s co-workers, who are “friends”...more

Causation In Federal Remedial Rights And Alternative Pleading

Several recent Supreme Court decisions have upended causation standards in the statutory alphabet soup of federal remedial rights. It is now clear that “but for” causation governs discrimination claims under the Age...more

Employment Law - September 2015

From the California Legislature: New Employment Laws, Bills Set for Signature: Why it matters - The California Legislature has been busy with employment-related bills, passing measures to provide additional...more

Amendments to the California Family Rights Act Take Effect

On July 1, 2015, amendments revamping the California Family Rights Act (“CFRA”) went into effect. CFRA is a regulation that provides employees with up to 12 workweeks of leave within a 12-month period for a qualifying event,...more

FMLA Eligible or Not Eligible … That is the Question

The easiest part of handling a Family and Medical Leave Act (FMLA) situation is determining at the outset whether the employee is eligible for FMLA protections, right? Not so fast. Recent cases have added the seemingly simple...more

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