Family Medical Leave Act Termination

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

Managing Employee Requests for “Indefinite” Disability Leave: the D.C. Court of Appeals Offers Guidance

Managing employees’ requests for disability accommodations can be challenging, particularly when an employee requests leave for extended or unlimited periods of time. A common misperception by employers is that once an...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

The Rights and Limitations of Associational Discrimination under the ADA

While a recent Second Circuit case received lots of headlines regarding its discussion of individual liability under FMLA, the case has some other nuggets for employers to understand, as my colleague Gary Starr explains in...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

Second Circuit Finds Human Resource Manager Personally Liable for FMLA Violations

The Family and Medical Leave Act imposes liability for interference by the “employer” with leave rights. Typically, the disgruntled employee asserts FMLA claims against the company employing him or her, but the Act also...more

Will HR Managers Get Cooked? Second Circuit Says Culinary Institute’s Human Resources Director May Face Individual Liability...

Whether a Human Resources Director will be deemed the “employer” and held individually liable for alleged violations under the Family Medical Leave Act (“FMLA”) should be left to the jury, according to the Second Circuit’s...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 Holds That HR Director May Be Individually Liable Under the FMLA Based On “Economic Realities” Analysis

It may not be well-known that the Family Medical Leave Act (“FMLA”) provides for individual, as well as corporate liability. Therefore, in a matter of importance to Human Resources personnel, supervisors, and their employers,...more

Individual Employees Can Be Sued For FMLA Violations, Court Rules

It’s been a big couple of days for court opinions. Today’s turn: FMLA lawsuits. When we last talked about the FMLA, it was in the context of the fact that sometimes things about the law are bit complicated....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

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

Dates are Important: Eleventh Circuit Says FMLA Leave is Unavailable after Temporary Job Ends

In an important decision for employers with temporary employees, the Eleventh Circuit recently held that the Family Medical Leave Act does not apply after an employer terminates the temporary employee. Janet Skotnicki, a...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 Holds That FMLA Limitations Period Begins To Run At Time Of Each Leave Denial

On October 20, the Seventh Circuit held, in Barrett v. Illinois Department of Corrections, that a former state employee’s Family and Medical Leave Act (“FMLA”) denial of leave claim was untimely because suit was not filed...more

Third Circuit Issues Bright-line Interpretation of FMLA’s “Overnight Stay” Rule

Early last month, the U.S. Court of Appeals for the Third Circuit held that a former employee’s hospital stay did not count as an “overnight stay” under the Family and Medical Leave Act, and thus did not trigger the FMLA’s...more

How Serious is “Serious” under the FMLA?

The Family and Medical Leave Act (“FMLA”) provides protections for eligible employees who must take time off of work to deal with serious medical conditions. These protections, codified at 29 U.S.C. § 2612(a)(1), allow...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

Termination Of Employee For Engaging In Outside Work While On FMLA/CFRA Upheld, But “Honest Belief” Standard Not Addressed

In Richey v. AutoNation, Inc., the California Supreme Court held that an arbitrator committed no legal error when he determined that an employer lawfully terminated an employee for engaging in outside employment while on...more

California Supreme Court Reaffirms High Bar for Reversal of Arbitration Decision

Avery Richey v. AutoNation, Inc., et al. - Supreme Court of California (January 29, 2015) - Generally, courts cannot review arbitration awards for errors of fact or law, except as provided for under limited...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

Tardy-From-Home

From the beginning, the employee had attendance and punctuality problems, and the problems didn’t improve even when the employer adjusted her schedule. After she was diagnosed with MS, the company approved intermittent FMLA...more

Does a Request for Disability Benefits Qualify as a Request for an Accommodation of Leave Under the ADA?

Last month, the Sixth Circuit Court of Appeals answered this question in the negative and found that an employee’s request for long-term disability benefits did not amount to a request for a reasonable accommodation in the...more

The Importance of Timing in Employment Terminations

There is a saying that “timing is everything,” and in some instances of employment termination, the timing, if not everything, may still be an important consideration....more

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